SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND KERR COUNTY
FOR THE STATE FISCAL YEAR 2009
OAG Contract No. 0908301
THIS GRANT CONTRACT is executed between the Office of the Attorney General of Texas (OAG) and
Kerr County (COUNTY). The Office of the Attorney General and COUNTY may be referred to in this
contract individually as a "Party" and collectively as the "Parties."
SECTION 1. PURPOSE OF THE CONTRACT
The purpose of the OAG SAVNS grant program is to maintain Texas counties in a statewide system that will
provide relevant offender release information, notification of relevant court settings or events, promote public
safety and support the rights of victims of crime. To accomplish the public purpose, the OAG will reimburse
COUNTY for certain cost incurred in the implementation and operation of its portion of the statewide crime
victim notification service ("SAYNS'). To ensure a standard statewide service to all interested counties,
including COUNTY, the OAG will reimburse COUNTY for eligible expenses related to services delivered to
COUNTY by the vendor certified by the OAG to provide certain services to the COUNTY.
A Request for Proposals (RFP) for Statewide Automated Victim Services was published November 28, 2005.
After an evaluation of proposals, the OAG identified and certified a single vendor to provide statewide
automated victim services. The certification is stated in that certain document dated January 13, 2006, as
renewed until August 31, 2009, by document dated June 25, 2007, and entitled: Vendor Certification or the
Statewide Automated Yictim Not cation Service. 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 ("Certified Vendor").
SECTION 2. SERVICE PERIOD (TERM) OF THE CONTRACT
2.1 Service Period (Term). The Service Period (Tenor) of this contract shall commence on the later of
September 1, 2008 or the date of the signature by the OAG executing this contract, (being the date shown on
this contract as the date executed by OAG); and unless terminated earlier as provided by another provision of
this contract, this contract will terminate August 31, 2009.
2.2 Option to Extend Service Period (Term). This contract may be extended for an additional Service
Period (Term) by a written amendment executed with the same formalities as this contract. Extending the
Service Period (Term) does not increase the contract amount. Any increase in the contract amount must also
be by written amendment executed with the same formalities as this contract.
SAVNS Maintenance Grant Contract for State FY 09
Page 1 of 17
APR ~ 7 2008
Crime Y~iim services Dilr~siorl
f
accurately reported to the County Auditor or the person in the COUNTY who assumes these
independent responsibilities if other than the Auditor.
3.3.6. Allow on-site monitoring visits to be conducted by OAG or its authorized
representative.
3.4 Cooperation with Statewide Stakeholders. COUNTY wilt reasonably cooperate with and
participate in Statewide Stakeholders meetings and efforts to monitor and improve the SAVNS services on a
statewide basis. COUNTY may reasonably agree to designate third-parties to assist the OAG, COUNTY and
the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified
Vendor's performances.
3.5 Support	of Statewide Deliverables. COUNTY will reasonable cooperate with the OAG in
implementing the	Statewide deliverables. The "Statewide Deliverables" describe the services and structure of
the victim notifi	cation system on a statewide basis.. The OAG may update or modify the Statewide
Deliverables from time to time, with the appropriate input from the Statewide Stakeholders Committee. The
Statewide Deliverables are incorporated herein by reference. To the extent the Statewide Deliverables are
relevant to this SAVNS Maintenance contract, the Statewide Deliverables, include, but are not limited to, the
following:	
S-O1	Service Specification
S-02	Questionnaire Template
S-03	Statewide Implementation Plan
S-04	Stakeholder Communication Plan
S-OS	Call Center Infrastructure
S-06	County Implementation Plan Template
5-07	Web Sites(s)
5-08	Statewide Promotions Package
5-09	Internal Test Guide
5-10	Statewide Implementation Status Reports
S-l l	Service Level Standards
S-12	Service Performance Reports
V-01 Vendor Certification
3.5 County Deliverables. The "County Deliverables"reflect the Statewide Deliverables, as customized
to meet the specific needs of COUNTY. The County Deliverables, both general and as customized, are
incorporated herein by reference. COUNTY implements the County Deliverables through the County. Services
Agreement. To the extent the County Deliverables are relevant to this SAVNS Maintenance contract, the
County Deliverables include, but are not limited to, the following:
C-02 County Implementation Plan
C-03 County Infrastructure
C-04 Application Interface
C-OS Customer Verification Plan
C-06 County Support Document
C-07 County Promotions Package
C-08 Production Notice
C-09 County Web Access
SAVNS Maintenance Grant Contract for State FY 09
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3.6 Data Extract. 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 Farties agree that this data may be used to monitor COUNTY 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.
3.7 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained
in Section 3 of this contract are collectively referred to as the "Scope of Services". As a condition of
reimbursement, COUNTY agrees to faithfully, timely and in agood-and-workman-like manner implement and
maintain the services in compliance with the Scope of Services. COUNTY shall beaz full and sole
responsibility for the integrity of the fiscal and programmatic management of its SAVNS program.
SECTION 4 REQUIRED REPORTS
4.1 Required Reports; Form of Reports; Filings with OAG. COUNTY shall forward to the OAG, the
applicable reports on forms as specified by the OAG. COUNTY shall establish procedures to ensure that it
files each document or form required by the OAG in an accurate and timely manner. Unless filing dates aze
given herein, all other reports and other documents that COUNTY is required to forward to the OAG shall be
promptly forwarded. From time to time, the OAG may require additional reports or statistical information
from COUNTY.
4.2 Audit Reports and Other Documents. 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:
a. Thirty (30) days after the issuance of the audit report; or
b. Within nine (9) months after the end of the audited fiscal yeaz for that COUNTY
whose fiscal year begins on or after October 1.
4.3 Cooperation. COiJNTY shall cooperate fully in any social studies, fiscal or programmatic
monitoring, auditing, evaluating, and other reviews pertaining to services rendered by Certified Vendor which
may be conducted by the OAG or its designees.
SECTION 5 FINANCIAL MATTERS AND REIMBURSEMENTS
5.1 Exhibit A -Allowable Expenditure Amount. COUNTY shall immediately review the allowable
expenditures as shown on Exhibit A
5.2 Time Period and Form of Invoice. The OAG's liability to pay and the COUNTY's ability to seek
reimbursement will be in (1}time-period of up to 12-months period of time. Upon submission and approval of
the COUNTY'S request for reimbursement, the COUNTY will receive up to the full amount of "Total Grant
Funds Available" as noted in Exhibit A.. The payments made to COUNTY shall not exceed its actual and
allowable allocable costs to provide the services under this contract. The OAG is under no obligation to
reimburse COUNTY if supporting documentation is not provided on a timely basis.
Complete invoice submission instructions aze described in the Texas VINE Program Request Procedures for
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FY 2009 Maintenance Expenses packet.. 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 time to time require. The OAG may from time to time require
different or additional supporting documentation.
The 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. The COUNTY may submit a
make-up claim as a final close-out invoice not later than the earlier of (1) forty-five (45) calendar days after
termination; or (2) forty-five (45) calendar days after the end of a state fiscal biennium.
5.3 Reimbursable Cost; Generally Upon evidence of satisfactory compliance with the terms and
conditions of this contract, the OAG will reimburse COUNTY, subject to the limitation of liability in Exhibit
A, for such actual, reasonable and necessary amounts expended in the performance of this contract. Only
those costs allowable under applicable cost principles are eligible for reimbursement under this contract. The
COUNTY acknowledges that it is asub-recipient of state funds and/or federal funds. Therefore, the following
cost principles, audit requirements, and administrative requirements shall apply if state funds are involved; (if
federal funds aze involved, there are additional requirements and attached exhibits):
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	Uniform Grant Management	Texas State Single
Standards (UGMS) pursuant to Texas	Standards (UGMS) pursuant to Texas	Audit Circular
Government Code Chapter 783	Government Code Chapter 783	
For purposes of this contract, the 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 Government" shall be expanded to read "Federal or State Government,"
as applicable.
To be eligible for reimbursement under this contract, a cost must have been incurred or obligated by the
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 calendar days after
the end of the applicable contract period. Before incurring any out-of--state travel expenses, the COUNTY
must obtain prior written authorization for that travel from the OAG.
If the COUNTY expends $500,000 or more in state or federal financial assistance during its fiscal year, it shall
arrange for a Single Audit of that fiscal yeaz. The audit must be conducted by an independent auditor and must
be in accordance with the applicable government 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 the COUNTY is
expending less than $500,000 in total state or federal financial assistance during its fiscal yeaz, it shall arrange
for an annual independent financial audit in accordance with generally accepted government auditing standards
of that fiscal year.
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S.4 No Supplanting. COUNTY will not supplant [use funds from this contract to replace or substitute
existing funding from other sources that also supports the activities that are the subject of this contract] but
rather shall use funds from this contract to supplement existing funds. COUNTY shall use the funds from this
contract to increase'state or local funds currently available far a particular activity. COUNTY will make a
good faith effort to maintain its current level of support. COUNTY may be required to submit documentation
substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected
receipt of funding under this contract.
5.5 Direct Deposit. The 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. After 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 the COUNTY with copies of reimbursement vouchers.
5.6 Excess Payments; Refund; Setoff. Payment under this contract will not foreclose the right of the
OAG to recover excessive or unallowable payments from the COUNTY. The COUNTY shall refund to the
OAG within thirty (30) calendar days from date of the OAG's request to repay the OAG any funds the
COUNTY claimed and received from the OAG for the reimbursement of costs which are subsequently
detenmined by the OAG to be ineligible for reimbursement.
The OAG will have the right to withhold all or part of any future payments to the COUNTY to offset any
reimbursement made to the COUNTY for any excessive or 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
the COUNTY.
5.7 Limited Pre-Reimbursement Funding to COUNTY. In lieu of the reimbursement processes
addressed above, the OAG, may, at its sole discretion, provide limited pre-reimbursement funding for
reimbursable expenses to COUNTY. This limited funding is not preferred and may be allowed upon
submission of the following written documentation supporting the request:
a. A fully executed County Services Agreement Renewal Notice with the Certified
Vendor for the time period covered by the pre-reimbursement funding request;
b. An invoice from the Certified Vendor which includes the dates covered under the
Standard Maintenance Phase;
c. A completed OAG form titled Verification of Continuing Production;
d. An invoice to the OAG that complies with the requirements of the OAG Template
Invoice; and
e. A written justification explaining the need for pre-reimbursement funding.
The COUNTY should submit an invoice to the OAG no sooner than forty-five (45) days and no later than
thirty (30) days before the COUNTY'S obligation to pay matures. The OAG will not provide pre-
reimbursement funds any sooner than thirty (30) calendar days prior to the payment becoming due and payable
under the COUNTY Service Contract.
5.8 Purchase of Equipment; Maintenance and Repair; Title apon Termination. COUNTY shall
follow UGMS or any other applicable OMB Circulars, with regard to usage of the contract funds to acquire
equipment. COUNTY shall not give any secwity interest, lien or otherwise encumber any item of equipment
purchased with contract funds. COUNTY shall permanently identify all equipment purchased under this
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contract by appropriate .tags or labels affixed to the equipment and to maintain a current inventory of all
equipment or assets, which is available to the OAG at all. times upon request.
COUNTY will administer a program of maintenance, repair, and protection of equipment or assets under this
contract so as to ensure the full availability and usefulness of such equipment or assets. In the event COUNTY
is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets
provided under this contract, it shall use the proceeds to repair or replace said equipment or assets.
To the extent that the OAG reimburses COUNTY for its purchase of equipment and supplies with funds from
this contract, COUNTY agrees that upon termination of the contract, title to or ownership of all such purchased
equipment and supplies, at the sole option of the OAG, shall remain with the OAG.
5.9 Grant Contract Not Entitlement or Right. COUNTY understands and agrees that reimbursement
from grant funds is :not an entitlement or right and that it may not be reimbursed for such actual, reasonable
and necessary amounts and costs incurred or expenses paid unless the COUNTY strictly complies with all
terms, conditions, and provisions of this contract.
SECTION 6. OBLIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL
6.1 Reimbursable Amount and Limitation of Liability. Those provisions of this contract are contained
in the attached Exhibit A. The OAG is not obligated to reimburse expenses that are incurred prior to the
commencement of this contract or after the termination of this contract.
The parties stipulate and agree that any act, action or representation by either party, their agents or employee
that purports to increase the liability of the OAG is void, without first executing a written amendment to this
contract specifically amending this provision. The parties acknowledge and agree that nothing in this contract
will be interpreted to create an obligation or liability in excess of the funds currently stated in this contract.
b.2 Funding Limitation. The parties stipulate and agree that funding for this contract is subject to the
actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to
satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if
any, as set forth in this contract or arising out of any performance pursuant to this contract. The parties further
stipulate and agree that the grant funds, if any, received from the OAG are limited by the term of each state
biennium and by specific appropriation authority to the OAG for the Purpose of this contract.
SECTION 7. SUBMISSION OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by COUNTY. The OAG may
require submission of information via facsimile or in an electronic format, including via the Internet and/or a
web-based data collection method. Unless otherwise indicated by the OAG in writing, the submission of
information to the OAG will be by hazd-copy to the addresses listed as follows:
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7.1 Information, Excluding Invoices. All correspondence, reports or notices, except invoices, must be
submitted to:
Grants Management
Office of the Attorney General
Grants Administration Division, Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
7.2 Invoices. All invoices must be submitted to:
Grants Financial Management
Office of the Attorney General
Grants Administration Division, Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
SECTION 8. TERMINATION
S.1 Termination for Convenience. Either Party may, in its sole discretion, terminate this contract in
whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days notice to other party.
8.2 Termination for Cause In the event that COUNTY fails to perform or comply with an obligation of
the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to
COUNTY, immediately terminate all or any part of this contract. 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 contract.
83 Rights Upon Termination or Expiration. Upon termination or expiration of this contract, the OAG
will not reimburse COUNTY, if after the notice of termination or expiration of this contract, the COUNTY
thereafter receives services from the Certified Vendor.
If the COUNTY terminates for convenience under Section 8.1, or if the OAG terminates under Section 8.2
before the purpose of this contract is accomplished, then the OAG may require the COUNTY to refund all or
some of the grant funds paid under this contract.
The following terms and conditions survive the termination or expiration of this contract: Section 3.6 -Data
Extract; Section 4 -Required Reports; Sections 5.2, 5.3, 5.4, 5.6 and 5.8 -Financial Matters and
Reimbursements; Section 6 -Reimbursable Amount and Limitation of Liability; Section 9 -Records Retention
and Access; Audit Requirements; Sections 11.1, 11.2, 11.6 and 11.7 -Special Terms and Conditions, Section
12 -Construction of Contract and Amendments.
Upon the OAG request, the COUNTY shall deliver to the OAG 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 COUNTY in the performance of the scope of work authorized by this contract 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 granted 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 contract.
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8.4 Notice to Certified Vendor. Any termination of this contract will also be forwazded by the
terminating party to the Certified Vendor.
SECTION 9. RECORDS RETENTION AND ACCESS; AUDIT RIGHTS.
9.1 Duty to Maintain Records. COUNTY shall maintain adequate records to support its charges,
procedures, and performances to OAG for all work related to this Contract. COUNTY also shall maintain such
records as are deemed necessary by the OAG, OAG's auditor, the OAG 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 contract.
9.2 Records Retention COUNTY shall maintain and retain for a period of four (4) years after the
submission of the final expenditure report, or until full and final resolution of all audit or litigation matters
which azise 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 contract, 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.
93 Audit Trails. COUNTY shall maintain appropriate audit trails to provide accountability for updates
to mission critical information, charges, procedures, and performances. 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 performed.
9.4 Access. COUNTY shall grant access to and make available copies of all data extracts described in
Section 3.6, as well as all paper and electronic records, books, documents, accounting procedures, practices,
and any other items relevant to the performance of this contract 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
OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents,
accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance
of this contract 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 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 subcontractor(s) that pertain to this contract.
COUNTY shall provide physical access, without prior notice, and shall direct any contractor and subcontractor
to likewise grant physical access to all program delivery sites to representatives of the State of Texas and/or
the OAG and its designees.
9.5 Location. Any audit of documents listed in Section 9.4 shall be conducted at the COUNTY's
principal place of business and/or the location(s) of the COUNTY's operations during the COUNTY'S normal
business hours and at the OAG's expense. COUNTY shall provide to OAG and such auditors and inspectors
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as OAG may designate in writing, on COUNTY's premises (or if the audit is being performed 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
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
are not accurate, COUNTY shalt promptly reimburse OAG for the amount of any overcharge, unallowable or
excessive amount.
9.7 Reports. COUNTY shall provide to OAG periodic status reports in accordance with OAG's audit
procedures regarding COUNTY's resolution of any audit-related compliance activity for which COUNTY is
responsible.
SECTION 10. GENERAL TERMS AND CONDITIONS
10.1 Federal and State Laws, Rnles and Regulations, Directives, Guidelines, OMBs, UGMA, UGMS,
and Other Relevant Authorities. COUNTY agrees to comply with alt applicable federal and state laws, rules
and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of
COUNTY under this contract, including any authorities relating to programmatic, financial, accounting
auditing and/or funding. COUNTY agrees to comply with applicable laws, executive orders, regulations and
policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter,
783, as amended, ,and UGMS, as amended by revised federal circulars incorporated in UGMS by the
Governor's Budget and Planning Office. COUNTY also shall comply with all applicable federal and state
assurances and certifications contained in UGMS, Part III, State Uniform Administrative Requirements for
Grants and Cooperative Agreements, Subpart A, §14, State Assurances.
10.2 Licenses, Certifications and other Authorizations. COUNTY agrees that it has obtained all
licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and
currently is in good standing with all regulatory agencies that regulate any or all aspects of COUNTY'S
business or operations. COUNTY agrees to comply with all applicable licenses, legal certifications,
inspections, and any other applicable local ordinance, state, or federal laws.
10.3 Certifications and Assnrances. Exhibit B, attached hereto and incorporated herein, and is applicable
to this contract. COUNTY agrees to strictly comply with the requirements and obligation described in Exhibit
B.
10.4 Conflicts of Interest; Disclosure of Conflicts. COUNTY has not given, offered to give, nor intends
to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation
of this contract or in connection with ,this contract, except as allowed under relevant state or federal law.
COUNTY will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
COUNTY will operate with complete independence and objectivity without actual, potential or apparent
conflict of interest with respect to their performance under this contract. COUNTY must disclose, in writing,
within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their
performance under this contract.
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SECTION 11 SPECIAL TERMS AND CONDITIONS
11.1 Independent ContraMor States; Indemnity and Hold Harmless Agreement. COUNTY expressly
agrees that it is an independent contractor and under no circumstances shall any owners, incorporators,
officers, directors, employees, or volunteers of COUNTY be considered a state employee, agent, servant, joint
venturer, joint enterpriser or partner of the OAG or the State of Texas. 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
OAG.
All persons furnished, used, retained, or hired by or on behalf of COUNTY or any of their contractors shall be
considered to be solely the employees or agents of COUNTY or the contractors. COUNTY shall be
responsible for ensuring that there is payment of any and all appropriate payments, such as unemployment,
workers compensation, social security, any benefit available to a state employee as a state employee, and other
payroll taxes for such persons, including any related assessments or contributions required by law.
To the extent allowed by law, COUNTY or contractors are responsible for all types of claims whatsoever due
to the actions or performance under this contract, including, but not limited to, the use of automobiles or other
transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties
and COUNTY and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from
and against any and. all claims arising out of their actions or performance under this contract. To the extent
allowed by law, COUNTY agrees to indemnify and hold harmless the OAG and/or the State of Texas from any
and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise
from or are occasigned by the negligence, misconduct, or wrongful act or omission of the COUNTY, its
employees, representatives, agents, or subcontractors in their performance under this contract.
11.2 Publicity; Intellectual Property. It is expressly agreed that COUNTY may not name the OAG in
general or the Attorney General of the State of Texas specifically, in any publication, promotion, marketing,
media release, public service announcement, or any other type of communication by COUNTY (nor may
COUNTY authorize anyone else to do so), without the express written consent of the OAG.
COUNTY understands and agrees that where funds obtained under this contract 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 by
the OAG and COUNTY hereby grants to the OAG or the state (or federal government, if federal funds are
expended in this grant) government. The OAG is granted 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 contract.
11.3 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation
for or receipt of funds of any type by COUNTY is for the sole benefit of COUNTY and is not a solicitation for
or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas.
11.4 No Subcontracting or Assignment Without Prior Written Approval of OAG. COUNTY may not
subcontract or assign any of its rights or duties under this contract without the prior written approval of the
OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment.
11.5 No Grants: to Certain Organizations. Consistent with the OAG's Appropriation, Rider 12, in H.B.
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.~
No. 1, Article 1, Strategy C.1.2, Victims Assistance, 80th Leg. Reg. Sess. (2007), COUNTY confirms that by
executing this contract that it does not make contributions to campaigns for elective office or endorse
candidates.
11.6 No Waiver of Sovereign Immunity. To the extent allowed by law, the Parties agree that no provision
of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas •of any
immunities from suit or from liahility that the OAG or the State of Texas may have by operation of law.
11.7 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract
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, and to the extent allowed by law, COUNTY agrees that
any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to
this contract shall be commenced exclusively in the Travis County District Court or the United States District
Court in the WesteQn District, Austin Division, and to the extent allowed by law, hereby irrevocably and
unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting-and/or
defending such litigation. To the extent allowed by law, 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 COUNTY is not
personally subject to the jurisdiction of the above-named courts, the suit, action or proceeding is brought in an
inconvenient forum and/or the venue is improper.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to
this contract. To the extent the terms and conditions of this contract do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this contract.
12.2 Entire Agreement, including Ea6ibits A and B and Incorporated Documents. This contract,
including Exhibits A and B, and any other documents incorporated by reference, reflects the entire agreement
between the Parties with respect to the subject matter therein described, and there are no other representations
(verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative
to such subject matter. Exhibit A and B are attached and incorporated herein. By executing this contract,
COUNTY agrees to strictly comply with the requirements and obligations of this contract, including Exhibits
A and B and any other documents incorporated by reference.
12.3 Amendment. This contract shalt not be modified or amended in any way except in writing, signed by
an authorized person of the Parties for that express purpose. Any properly executed modifications or
amendments of this' contract shall be binding upon the Parties and it presumed to be supported by adequate
consideration. Any attempted modification or amendment of this contract that does not comply with this
Section will be deemed voidable at the sole option of the OAG.
12.4 Partial Invalidity; Non-waiver. If any term or provision of this contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The
illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been
incorporated herein,'but all other provisions shall continue in full force and effect. The failure of any Party to
SAVNS Maintenance Grant Contract for State FY 09
Page 12 of 17
•a
insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of
such failure, 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
contract 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 contract.
12.5 Counterparts. This contract 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.
12.6. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing
and performing this contract only in their official capacity.
ce f ttorney General of Texas
~ricJ.R. Niatlole
Deputy AtteFRey ~anprei for Criminal Justice
Attorney General or designee
Printed Name
Date• ti~ 4
Kerr County, Texas
_'+ ---~
Jud
~~e:~-~ntey
Printed Name
Date: ~ t f(e ~O 8
SAVNS Maintenance'Grant Contract for State FY 09
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EXHIBIT A
SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND KERB COUNTY
FOR THE STATE FISCAL YEAR 2009
OAG Contract No. 0908301
Population Size: Medium
The OAG will reimburse COUNTY for allowable SAVNS expenditures as follows:
			Maximum	Total Grant Funds
Event	Cost for Jail	Cost for Courts	Number of	Available
			Months	
Standard				
Maintenance '	$15,259	$ 2,666	12	$17,925
Phase				
Service Period (Term). The Service Period (Term) of this contract is stated in Section 2. I of the Contract.
The maximum number of months is provided above. If this contract does not commence before September 1,
2008, then the portion of any partial month thereafter will be a prorated amount of the monthly amount as
determined by the OAG. The OAG is not obligated to pay for services prior to the commencement or after the
termination of this contract.
Limitation of Liability of the OAG. The parties stipulate and agree that the total liability of the OAG to
COUNTY for any type of liability directly or indirectly arising out of this contract and in consideration of
COUNTY'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability,
and for reimbursement by the OAG to the COUNTY for expenses, if any, as set forth in this contract or arising
out of any performance herein shall not exceed:
SEVENTEEN THOUSAND NINE HUNDRED TWENTY-FIVE and NO/100 ($17,925)
SAVNS Maintenance Grant Contract for State FY 09
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EXHIBIT B
SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE- OFFICE OF THE ATTORNEY GENERAL
AND KERB COUNTY
FOR THE STATE FISCAL YEAR 2009
OAG Contract No. 0908301
The Uniform Grant Management Standards ("UGMS"), Part III, Section .14;
Promulgated by the Office of the Governor, State of Texas,
Establish the following assurances applicable to recipients of state grant funds:
(1) COUNTY must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no
officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or
confirm the employment of any person related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or employee authorized to employ
or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been
continuously employed for a period of two years, or such other period stipulated by local law, prior to the
election or appointment of the officer, employee, or governing body member related to such person in the
prohibited degree.
(2) COUNTY must insure that all information collected, assembled or maintained by the applicant relative to
a project will be available to the public during normal business hours in compliance with Texas Government
Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law.
(3) COUNTY must comply with Texas Government Code, Chapter 551, Vemon's 1994, which requires all
regular, special or called meeting of governmental bodies to be open to the public, except as otherwise
provided by law or specifically penmitted in the Texas Constitution
(4) COUNTY must comply with Section 231.006, Texas Family Code, which prohibits payments to a person
who is in arrears on child support payments.
(5) No health and human services agency or public safety or law enforcement agency may contract with or
issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or
certificate has been revoked by another health and human services agency or public safety or law enforcement
agency.
(6) COUNTY that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in
compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and
Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and Education that the
agency is in the process of achieving compliance with such rules.
(7) When incorporated into a grant award or contract, the standard assurances become terms or conditions for
receipt of grant funds. COUNTY shall maintain an appropriate contract administration system to insure that
all terms, conditions, and specifications are met.
SAVNS Maintenance Grant Contract for State FY 09
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+i
8) COUNTY must comply with the Texas Family Code, Section 261.101 which requires reporting of a!I
suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child
Protective and Regulatory Services. COUNTY shall also ensure that all program personnel are properly
trained and aware of this requirement.
(9) COUNTY will comply with all federal statutes relating to nondiscrimination. These include, but are not
limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age
Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug. Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (~ the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being
made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
(10) COUNTY, as applicable, will comply, with the provisions of the Davis-Bacon Act (40 U.S.C. § § 276a to
276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction sub
agreements.
(11) COUNTY, as applicable, will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real property acquired for project purposes regardless of
Federal participation in purchases.
(12) COUNTY will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which
limit the political activity of employees whose principal employment activities are funded in whole or in part
with Federal funds.
(13) COUNTY will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act and the Intergovernmental Personnel Act of 1970, as applicable.
(14) COUNTY, as applicable, will insure that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's
(EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in
the project is under. consideration for listing. by the EPA. (EO 11738).
(15) COUNTY, as applicable, will comply with the flood insurance purchase requirements of 102(a) of the
Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood
SAVNS Maintenance Grant Contract for State FY 09
Page 16 of 17
insurance in communities where such insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
(l6) COUNTY, as applicable, will comply with environmental standards which may be prescribed pursuant to
the following: (a) institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities
pursuant to EO l 1738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et
seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the
Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
(l7) COUNTY, as applicable, will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271
et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(18) COUNTY, as applicable, will assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
469a-1 et seq.).
(19) COUNTY, as applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this award of assistance.
(20) COUNTY, as applicable, will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential
structures.
(21) COUNTY, as applicable, will comply with Public Law 103-277, also known as the Pro-Children Act of
1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of
services for children as defined by the Act.
(22) COUNTY, as applicable, will comply with all federal tax laws and are solely responsible for filing all
required state and federal tax forms.
(23) COUNTY, as applicable, will comply with all applicable requirements of all other federal and state laws,
executive orders, regulations and policies governing this program.
(24) COUNTY, as a signatory party to the grant contract, must certify that they are not debarred or suspended
or otherwise excluded from or ineligible for participation in federal assistance programs.
(25) COUNTY must adopt and implement applicable provisions of the model HIV/AIDS work place
guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec.
85.001, et seq.
SAVNS Maintenance Grant Contract for State FY 09
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