i
SA S MAINTENANCE GRANT CONTRACT BETWEEN
j THE OFFICE OF THE ATTORNEY GENERAL
AND KERR COUNTY
i
j ' FOR THE STATE FISCAL YEAR 2010 ',
a
' OAG Contract No. 101459
'~ G NTRACT is executed between the Office of the Attorney General of Texas (OiA and
Kerr Coun (CO TY). The Office of the Attorney General and COUNTY may be referred to i this
con ct in ividua l~ as a "Party" and collectively as the "Parties."
SE ON P ~tPOSE OF THE CONTRACT
j
The urpo a of th ~OAG SAVNS grant program is to maintain Texas counties in a statewide system th t will
prov de re vent ender release information, notification of relevant court settings or events, promote ublic
safe and uppo a rights of victims of crime. To accomplish the public purpose, the OaG will ~~ burse
CO TY for ce in cost incurred in the implementation and operation of its portion of the statewide crime
victi not ficatio service ("SAT'1VS'). To ensure a standard statewide service to all interested jco nties,
incl ing OUN ,the OAG will reimburse COUNTY for eligible expenses related to services deliv d to
CO TY by the ndor certified by the OAG to provide certain services to the COUNTY.
A R uest for Prposals (ItFP) for Statewide Automated Victim Services was published Ndvember %28,2005.
Afte an valuati n of proposals, the OAG identified and certified a single vendor to provide sta wide
auto ated victim services. The certification is stated in that certain document dated January 13,12 6, as
rene ed u til Au ust 31, 2009, by document dated June 25, 2007, and entitled: Vendor C'rti tcation r the
Stet ide Autom ed Victim Noti is ion Service. This document is hereinafter referred to the
"Ce ifrca on" an is expressly incorporated herein by reference. The vendor certified to provide the s rvices
is A priss Inc., a entucky corporation authorized to do business in Texas ("Certified Vendor").
SE ION S ttVICE PERIOD (TERM) OF THE CONTRACT
2.1 'ce ~riod (Term). The Service Period (Term) of this contract shall commence on the ter of
Sep ; mbe 1, 200 or the date of the signature by the OAG executing this contract, (being the date ~h wn on
this ` on t as 'date executed by OAG); and unless terminated earlier as provided by another provision of
this on t, this pntract will terminate August 31, 2010.
2.2 O tion t 'Extend Service Period (Term). This contract may be extended for an additional Service
Peri (T rm) b ~ written amendment executed with the same formalities as this contract. Extend~ng the
Se ice P riod ( ', )does not increase the contract amount. Any increase in the contract amount jm~st also
be wri en am 'dment executed with the same formalities as this contract. i
i
Ma' tenan a Grant (.12 month) Fy 10 02-23-09
Page 1 of 1
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1
SE ON 3 C UNTY'S CONTRACTUAL SERVICES
3.1. oua Se Agreemeat. COUNTY will execute a "County Services Agreement," a cohtrakctual
afire ent, with ~ Certified Vendor to provide services consistent with the Certification docum int..; The
Cou Se ices ~reement will include terms and conditions that are intended to provide the COU1~T such
righ .and remedi 5 as are necessary to ensure the delivery of the services from the Certified Vendor in
acco I an with a Scope of Services as stated in this contract and the Certification document.
For a co venien ~ of COUNTY, a template services agreement will be made available to COUNTY The
OA is no actin ~s an attorney for the COUNTY, therefore the COUNTY is advised to halve attorn y of its
choi to view 'd modify the template services agreement to protect the interest of the COL'rNT~!' d to
ensu that the an rnnriate level of services will be delivered.
3.2 C unty ~intenance Plan. COUNTY agrees to maintain the services in a manner consisjte with
the ` Coun Mai ~nance Plan." The COUNTY will establish and maintain a COUNTY Maintenanc Plan
that tam imum ~ designed to:
3..1. a available offender information that is timely, accurate and relevant to support the ictim
no ificati services;
3..2 V rift' the Certified Vendor's performance according to County Services Agreement; ~',
3..3 S t~sfactorily discharge COUNTY obligations as described in the County Services Agreement;
3..4 I ratify and dedicate COUNTY staff, resources and equipment necessary to ma~ntaan the
se ices i Xhe County Services Agreement.
3.3 C unty rvice Levels. In addition to other service levels that COUNTY may i#npose, COUNTY
will ins t, mon for and verify the performances required of the Certified Vendor: COU~iTY will i>~spect,
mon for d veri ',the performances required of the Certified Vendor as provided in the COUNTY Services
A men as wel es this contract. In particular, COUNTY will: ',
3..1. E ecute a COUNTY Services Agreement Renewal Notice with the Certified Vendor,
fo the Se ''ice Period (Term) that coincides with the Service Period (Term) of this contract.
3..2. V
S VNS:
th data i
th COU2
3..3. E
th syster
3. .4. P
m nitorir
3..5. T
~tenan a Grant
2of1
;rift' that the COUNTY input data (the jail and court data .elements used by the
stem) is entered accurately and in a timely basis. The standard to define whether
',timely and accurate should be determined by the County Auditor or the person jn
TY who assumes these independent responsibilities if other than the Auditor.
tablish a COUNTY VINE log for the purpose of recording all problems noted with
to whom the problem was referred, and when the problem was resolved.
dvide periodic written reports (forms provided by OAG) describing COUNTY
~, findings, usage, problems and observations as requested by the OAG. ~,
ye County Judge may delegate the responsibility for assuring these activities are
~Z2 month) Fy 10 02-23-09 ',
ind pen
3.3 6.
re see
3.4 C pei
parti 'ipate in S
state ide is.
the ther fate
Vera is rfo~
3.5 Sn poi
impl ment rag t
the ictim not
Deli :erabl s fr~
Sta ide li
rele ant t this
foll ' ing:
S- 1
S- 2
S- 3
S-
S- 5
S- 0
S- 1
S- 2
V O1
3.5 C nnty
to eet a spe
inc ra d her
A me To
3of
eported to the County Auditor or the person in the COUNTY who assumes these
t responsibilities if other than the Auditor.
~w on-site monitoring visits to be conducted by OAG or. its authorized
we.
with Statewide Stakeholders. COUNTY will reasonably cooperate vNitl~ and
je Stakeholders meetings and efforts to monitor and improve the SAVNS servFce on a
fNTY may reasonably agree to designate third-parties to assist the OAG, COU1N and
Stakeholders, in the overall monitoring, inspection and verification' of the Ce.~tified
Statewide Deliverables. COUNTY will reasonable cooperate wrath the i,
:ewide deliverables. The "Statewide Deliverables" describe the services and std'
-n system on a statewide basis. The OAG may update or modify the 9i
ie to time, with the appropriate input from the Statewide Stakeholders!; Commit,
s are incorporated herein by reference. To the extent the Statewide Deliver
JS Maintenance contract, the Statewide Deliverables, include, but are not lim~t~
Service Specification
Questionnaire Template
Statewide Implementation Plan
Stakeholder Communication Plan
Call Center Infrastructure
County Implementation Plan Template
Web Sites(s)
Statewide Promotions Package ',
Internal Test Guide
Statewide Implementation Status Reports
Service Level Standards
Service Performance Reports
Vendor Certification
)eliverables. The "County Deliverables" reflect the Statewide Deliverables, as
if5c needs of COUNTY. The County Deliverables, both general and as cust
irl by reference. COUNTY implements the County Deliverables through the Cou
the extent the County Deliverables are relevant to this SAVNS Maintenance c
les include, but are not limited to, the following:
County Implementation Plan
County Infrastructure
Application Interface
Customer Verification Plan
County Support Document
County Promotions Package
Production Notice
County Web Access
~12 month) Fy 10 02-23-09
in
of
The
are
the
are
the
3.6
data
and
data
thet
3.7
in
Ext t. To the extent permitted, by law, COUNTY agrees to provide the OAG with
ted b COUNTY to the Certified Vendor. COUNTY authorizes the Certified Vendor ~
data ',the OAG. The Parties agree that this data may be used to monitor COUNTY peg
Pied dndor's performance. This data may be used for such other purposes allowed by
~rovi ~ in such electronic format (including, but not limited to, an XIvIL extract) as rec
pe of rvices. For the purpose of this contract, the requirements, duties and obligations
3 of is contract are collectively referred to as the "Scope of Services". As a co
ent, C LINTY agrees to faithfully, timely and in a good-and-workman-like manner impl
ie se 'des in compliance with the Scope of Services. COUNTY shall beer full
ty for $ integrity of the fiscal and programmatic management of its SAVNS program.
4.1	R	uire
appl'	;,able	por
files	ch	ocun
give	here	n, all
pro	ptly	rwa~
fro	CO	TY,
4.2	A	dit F
any	dal	appl.
res	nses	ust 1
		
	b.	
	w	ose f
4.31 Cc-oper
5.1 I E ibis
exp~ndi as
5.2 i T' e I
rei burse eat
the O TY';
Fu s Av ilabl
UIRED REPORTS
sports; Form of Reports; Filings with OAG. COUNTY shall forward to the
i foams as specified by the OAG. COUNTY shall establish procedures to ensi
or form required by the OAG in an accurate and timely manner. Unless filing
;r reports and other documents that COUNTY is required to forward to the OAI
From time to time, the OAG may require additional reports or statistical in
of
The
i by
1 of
and
sole
the
~t it
are
'. be
~ts and Other Documents. COUNTY shall submit to the OAG two (2) bound '~CO~es of
audit reports, management letters, and management responses. Such reports, lette ,and
bmitted on or before whichever of the following dates occurs first:
y (30) days after the issuance of the audit report; or
in nine (9) months after the end of the audited fiscal year for that COUNTY
year begins on or after October 1. '~
1
i. COUNTY shall cooperate fully in any social studies, fiscal or promatic
evaluating, and other reviews pertaining to services rendered by Certified Vendor which
the OAG or its designees.
NANCIAL MATTERS AND REIMBURSEMENTS ',
-Allowable Expenditure Amount. COUNTY shall immediately review the ~llwable
awn on Exhibit A
od and Form of Invoice. The OAG's liability to pay and the COUNTY's ability " seek
1 be in (1)time-period of up to 12-months period of time. Upon submission and a~p val of
guest for reimbursement, the COUNTY will receive up to the full amount of "To Gn3nt
as noted in Exhibit A. The. payments made to COUNTY shall not exceed its ~ al and
e costs to provide the services under this contract. The OAG is under no obl~g ion to
`Y if supporting documentation is not provided on a timely basis.
:submission instructions are described in the Texas VINE Program Request Proved gyres for
12 month) Fy 10 02-23-09
4 of
FY 010 ainten' ce Expenses packet. The form of any invoice for reimbursement of expenses spb~itted
and this secti must comply with such invoicing requirements and such detail- and sapp~rting
docents 'on th ~ the OAG may from time to time require. The OAG may from time to time require
dill nt o additi teal supporting documentation.
i
The ICO TY s all submit its claims for reimbursement to the OAG within twenty (20) calenjda>~ days
foil ~ ing a end tsf the month that a reimbursable expenditure was incurred. The COUNTY may Isu mit a
mak'-up c airn as ~ final close-out invoice not later than the earlier of (1) forty-five (45) calendar day after
to patio ; or (2 forty-five (45) calendar days after the end of a state fiscal biennium.
5.3 1 R imbn able Cost; Generally Upon evidence of satisfactory compliance with the to and
con itions of this ' ntract, the OAG will reimburse COUNTY, subject to the limitation of Liability in xhibit
A, r suc actua ~ reasonable and necessary amounts expended in the performance of this contract. Only
tho co allow tale under applicable cost principles are eligible for reimbursement under this contaac . The
CO TY ackno ledges that it is asub-recipient of state funds and/or federal funds. Therefore, the fol wing
cost princi les, a it requirements, and administrative requirements shall apply if state funds are invpl d; (if
fede 1 fu s are i !volved, there are additional requirements and attached exhibits):
4
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		Cost	'nci les	Administrative Requirements	Audit R' uiremen
O	B A-	7 as m	', ified by UGMS	OMB A-102 as modified by UGMS	OMB A-1133 as
					modified by UGMS
U	'foam	rant	anagement	Uniform Grant Management	Texas State Single]
S	lord	(UG	$) pursuant to Texas	Standards (UGMS) pursuant to Texas	Audit Circulaz
G	ern	nt C	~ Chapter 783	Government Code Chapter 783	
For pu es of is contract, the COUNTY shall comply with the applicable OMB Circulars yth the
foil wing odifi 'tions: All references to "Federal Grantor Agency(ies)" shall be expanded to read " ederal
or fate rant gency(ies)." All references to "Federal Grant Funds" or "Federal Assistance" s all be
exp ded o read ''Federal and State Assistance;" "Federal Law" shalt be expanded to read "Federal State
La ;" an all ref fences to "Federal Government" shall be expanded to read "Federal or State Goverr~nent,"
as a plica le.
To eli ible f 'reimbursement under this contract, a cost must have been incurred or obligatdd y the
CO TY withi Ithe applicable contract period prior to claiming reimbursement from the OAG. Costs
inc ed b the 1 day of the applicable contract term must be liquidated no later than 30 calendaz ~la s after
the nd o the a licable contract period. Before incurring any out-of-state travel expenses, the C TY
mus~ obta prior 'tten authorization for that travel from the OAG. ',
If ~ CO TY xpends $500,000 or more in state or federal financial assistance during its fiscal year, it shall
ge fo a Sin la Audit of that fiscal year. The audit must be conducted by an independent auditor and must
be i acc dance ' ith the applicable government auditing standards, the Texas State Single Audit Ciic az and
the GM publi'ed by the Governor's Office of Budget and Planning. For the purposes of this con t, the
and t pro isions OMB Circular A-133 shall apply to county contracting entities. If the CQ TY is
ex ndin less th ' $500,000 in total state or federal financial assistance during its fiscal year, it shall ge
for ann 1 ind pendent financial audit in accordance with generally accepted government auditing] s lords
of at fis al year '' ',
tenan a Grant (12 month) Fy 10 02-23-09
Sofl
5.4
5.5
and
5.6
The
the
5.7 I
5.8
No Snpp Ming. COUNTY will not supplant [use funds from this contract to replace or sjubstitute
ng fv ding mother sources that also supports the activities that are the subject of this conta~] but
shat use fu his from this contract to supplement existing funds. COUNTY shall use the funds fi-o~ this
pct to incre 'state or local funds currently available for a particular activity. COUNTY wild mike a
faith ffort t maintain its current level of support. COUNTY may be required to submit docun~eation
~ntiat g tha ~ reduction in local funding, if any, resulted for reasons other than receipt or expected
~t of nding bder this contract.
Di	ect	posit. The COUNTY may make a written request to the OAG to be !,placed on irect
it	tus by	~mpleting and submitting to the OAG the State Comptroller's Direct Deposit Authpri tion
A	er the	irect deposit request is approved by the OAG and the setup is completed on the exas
Fcat	n Nu	r System by the State Comptroller's Office, payment will be remitted!., by direct .posit
e O	G will	iscontinue providing the COUNTY with copies of reimbursement vouchel's.
E	case P	ants; Refund; Setoff. Payment under this contract will not foreclose the ri$1-t f the
to r	cover	cessive or unallowable payments from the COUNTY. The COUNTY shall refua~d o the
wi	in thi	(30) calendar days from date of the OAG's request to repay the Ot~-G any fun s the
JTY	claim	and received from the OAG for the reimbursement of costs which', are sub~e ently
nine	by the	~AG to be ineligible for reimbursement.
)AG will h e the right to withhold all or part of any future payments to the COUIr1TY to qff t any
urea ant m e to the COUNTY for any excessive or ineligible expenditures not yet refunded o the
by OUN .The OAG may withhold reimbursement(s) from either this contract or an expired cntract
en a parti with the same funding source, in amounts necessary to fulfill the repayment obligat ns of
~ TY. ~ I:
L ited re-Reimbursement Funding to COUNTY. In lieu of the reimbursement pr asses
ssed above, the OAG, may, at its sole discretion, provide limited pre-reimbursement fundi g for
~ursa le ex see to COUNTY. This limited funding is not preferred and may ! be allo~ve upon
issio of the following written documentation supporting the request:
a. 'fully executed County Services Agreement Renewal Notice with tha Certified
V ndor f r the time period covered by the pre-reimbursement funding request;
b. n invoice from the Certified Vendor which includes the dates covered'... under the
S dard aintenance Phase;
c. completed OAG form titled Verification of Continuing Production;
d. c~ invoice to the OAG that complies with the requirements of the OAG Template
I oice; nd
e. written justification explaining the need for pre-reimbursement funding.
~O TY ~s bold submit an invoice to the OAG no sooner than forty-five (45) days and no jlaUtr than
(3 days before the COUNTY'S obligation to pay matures. The OAG will not provide pre-
>urs ant nds any sooner than thirty (30) calendar days prior to the payment becoming due and payable
the O Service Contract.
P rchas of Equipment; Maintenance and Repair; Title upon Termination, COUITT ~ shall
v U MS o any other applicable OMB Circulars, with regard to usage of the contract funds (to cquire
imen . CO ' TY shall not give any security interest, lien or otherwise encumber any item of eq 'pment
lase with dntract funds. COUNTY shall permanently identify all equipment purchased un er this
6 of
Q12 month) Fy 10 02-23-09
			
contr	act b	appro	bate tags or labels affixed to the equipment and to maintain a current inventory of all
equip	ment	r asse	;which is available to the OAG at all times upon request. ',
COtj	NTY	ill ad	'inister a program of maintenance, repair, and protection of equipment or assets und@r this
bL~NTY
l:n the event C
nt or assets
i
h e
f
l
con	t so	as toe	i
.
pme
qu
suc
ness o
sure the full availability and usefu
is in	emni	red, re'	' bursed, or otherwise compensated for any loss of, destruction of, or damage to the assets
prov	ded u	der thi	'contract, it shall use the proceeds to repair or replace said equipment or assets. s
i
To	
a ext	
nt that	
a OAG reimburses COUNTY for its purchase of equipment and supplied with fiand~from
this	ntra	t
CO	' TY agrees that upon termination of the contract, title to or ownership of all such pour ased
equi	ment	,
d su	plies, at the sole option of the OAG, shall remain with the OAG.
5.9	G	nt C	dtract Not Entitlement or Right. COUNTY understands and agrees that reimbu ment
fro	grant
:	fiords	snot an entitlement or right and that it may not be reimbursed for such actual, real nable
.
and	.
eves		~nts and costs incurred or expenses paid unless the COUNTY strictly complies th all
term	,con	itions,	d provisions of this contract.

SE	
ION		h
ILIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL
			
6.1	R	imbu	ble Amount and Limitation of Liability. Those provisions of this contract are ~o fined
in	a atta	hed E	ibit A. The OAG is not .obligated to reimburse expenses that are incurred prior o the
com	enc	ent o	his contract or after the termination of this contract.
The	artie	stipul	~ and agree that any act, action or representation by either party, their agents or em loyee
that	urpo	s to i	grease the liability of the OAG is void, without first executing a written amendment o this
con	ct s	ifica	by amending this provision. The parties acknowledge and agree that nothing in this c ntract
will.	a in	rprete	to create an obligation or liability in excess of the funds currently stated in this con~ra¢t.
	F	di	ulate and agree that funding for this contract is subject~to the
arties sti
The
tion
it
i
(;
6.2
ac	1 rec	ng
n
ipt of	p
p
.
a
m
.
nt funds (state and/or federal) appropriated to the OAG and such fiands are suffc~ent to
sati	fy all	of OA	's duties, responsibilities, obligations, liability, and for reimbursement of all exile ses, if
~
any	as se	forth i	urther
'this contract or arising out of any performance pursuant to this contract. The parties
stip	late	d a	e that the grant funds, if any, received from the OAG are limited by the term of eac~ state
bie	ium	d by	pecific appropriation authority to the OAG for the Purpose of this contract, ',
'ION BMISSION OF INFORMATION TO THE OAG
SAG will d signate methods for submission of information to the OAG by COUNTY. The OAtr may
re su missi of information via facsimile or in an electronic format, including via the internat a~-d/or a
base data ollection method. Unless otherwise indicated by the OAG in writing, the submission of
mati n to th pAG will be by hard-copy to the addresses listed as follows: i _'
tenan a Grant X12 month) Fy 10 02-23-09
7of1
i
7.1
7.2
8.1	Te	in,
whol	or in	part,
8.2	Te	min,
the t	rms,	and
CO	TY,	imm
will	in a	ditic
8.3 J: Ri~hts U
will of re mburs
-, Excluding Invoices. All correspondence, reports or notices, except invoices, mint be
'', Grants Management
Office of the Attorney General
Grants Administration Division, Mail Code 004
Post Office Box 12548 ',
~ Austin, Texas 78711-2548
1 invoices must be submitted to:
Grants Financial Management
Office of the Attorney General
Grants Administration Division, Mail Code 004
Post Office Box 12548
Austin, Texas 78711-2548
kMINATION
I
~n for Convenience. Either Party may, in its sole discretion, terminate this con ct in
out recourse, liability or penalty, upon thirty (30) calendar days notice td other p~
n for Cause In the event that COUNTY fails to perform or comply wit} an obligation of
s and provisions of this contract, the OAG may, upon written notice ! of the tjrech to
tely terminate all or any part of this contract. Termination is not an exclusive rerne, but
any other rights and remedies provided in equity, by law, or under this contract.
n Termination or Expiration. Upon termination or expiration of this contract, the ~OAG
OUNTY, if after the notice of tenmination or expiration of this contract, the COifiNTY
rvices from the Certified Vendor.
~~
If th CO TY ~minates for convenience under Section 8.1, or if the OAG terminates under Se~ctign 8.2
befo the urpos bf this contract is accomplished, then the OAG may require the COUNTY to refun all or
som of th grant nds paid under this contract.
The olio ing to 's and conditions survive the termination or expiration of this contract: Section 3j.6 Data
Ex ct; S ction -Required Reports; Sections 5.2, 5.3, 5.4, 5.6 and 5.8 - Financial Matte and
Rei burse ents; ~ection 6 -Reimbursable Amount and Limitation of Liability; Section 9 -Records Re ntion
and cces ;Audi Requirements; Sections 11.1, 11.2, 11.6 and 11.7 -Special Terms and Conditions, ction
12 -;Con ction of Contract and Amendments.
Upoll the AG re luest, the COUNTY shall deliver to the OAG all work product, deliverables, equi~m~nt, all
filesreco s, .re rts, data, intellectual property license or right and other documents obtained, used,; pr(rpared
or o erwi deve dped by COUNTY in the perfonmance of the scope of work authorized by this contra shall
vest in the OAG, ' d upon request of the OAG shall be delivered to the OAG within thirty (30) busine days
afte expi tion 'termination. The OAG is granted the unrestricted right to use, copy, modify;, epare
deri ative orks, }publish and distribute, at no additional cost to the OAG, in any manner the OAG eems
app pri in its plc discretion, any component of the work product or other deliverable made the su ect of
this on t.
onth F 10 02-23-09
Ma' tenan Grant ~ 2 m ) y
Pag 8 of 1
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8.4 ~ No 'ce to ~,~Certified Vendor. Any termination of this contract will also be forwarded; by the
term~rtatin party t ~ the Certified Vendor.
SEC~'ION 9 ORDS RETENTION AND ACCESS; AUDIT RIGHTS.
9.1 ~ D to aintain Records. COUNTY shall maintain adequate records to support its i, c ges,
pr ures and p rformances to OAG for all work related to this Contract. COUNTY also shall maintai such
reco~ds as dee ed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of'T~ ,the
Unrt d Sta es, or tech other persons or entities designated by the OAG, to ensure proper accounting or all
cost~and rform ces related to this contract. _
9.2 R ords etention COUNTY shall maintain and retain for a period of four (4) years ja r the
sub issio of the ~nal expenditure report, or until full and final resolution of all audit or!,litigation afters
whi h ari after expiration of the four (4) year period after the submission of the final e~cpenditure port,
whi Never ime ~od is longer, such records as are necessary to fully disclose the extent ofservices jpr vided
and r this ontrac ,'; including but not limited to any daily activity reports and time distributipn and atke ance
reco ds, other rccords that may show the basis of the charges made or performances delivered.
93 A dit T $Is. COUNTY shall maintain appropriate audit trails to provide accountability for u tes
to fission critical information, charges, procedures, and performances. Audit trails maintained by ~O TY
will at a inimu ,identify the supporting documentation prepared by COUNTY to permit an audit f the
syst m by tracin the activities of individuals through the system. COUNTY's automaited system must
pro fide th mean (,whereby authorized personnel have the ability to audit and to verify contractually r wired
pe rman es an o establish individual accountability for any action that can potentially cause acs ss to,
gen ration of, or modification of confidential information. COUNTY agrees that COt7NTY's fai to
mai fain a equa laudit trails and corresponding documentation shall create a presumption that the se ces or
pe rman es wer '~ not performed. ~
9.4 A sass. OUNTY shall grant access to and make available copies of all data extracts desc in
Sec ion 3. , as w ~l as all paper and electronic records, books, documents, accounting procedures, ~ tices,
and any they it ins relevant to the performance of this contract and the operation and manage nt of
CO TY to the AG, the State of Texas, the United States, or such other persons or entities design fed by
OA ' for the pu ses of inspecting, auditing, or copying such items. All records, books, dos ants,
acs untin prose fires, practices, and any other items, in whatever form or media, relevant to the perfo ance
of is co tract s all be subject to examination or audit in accordance with all contract'',perfotm~n sand
dut' s, all applic >ple state and federal laws, regulations or directives, by the OAG, the State of Te ,the
Uni S tes, or ' ch other parsons or entities designated by OAG. COUNTY will direct any contr for to
di arge OUN s obligations to likewise permit access to, inspection of, and reproductipn of all 6o ks and
ds of a su 'ontractor(s) that pertain to this contract.
COI TY shall p 'vide physical access, without prior notice, and shall direct any,.contractor and subcontractor
to l kewis grant hysical access to all program delivery sites to representatives of the State of Texas and/or
the AG nd its csignees.
9.5 tioa ' Any audit of documents listed in .Section 9.4 shall be conducted at the CO TY's
pri cipal lace o business and/or the location(s) of the COUNTY's operations during the COUNTY'S ormal
bu ass tus at the OAG's expense. COUNTY shall provide to OAG and such auditors and in tors
as AG ay d ~ignate in writing, on COUNTY's premises (or if the audit is being perform of a
tenan Grant ~12 month) Fy 10 02-23-09
9of1
subs ntrac r, th ~!, subcontractor's premises if necessary) space, office furnishings (including ~o ble
cabi ts), t lepho ~ and facsimile services, utilities and office-related equipment and duplicating ser, vi es as
OA or su h audi 'rs and inspectors may reasonably require to perform the audits described in this Secti n 9.
9.6 I~ Re mbu I' eat. If an audit or examination reveals that COUNTY's invoices for the audit~d rind
are n~t ace rate, 4UNTY shall promptly reimburse OAG for the amount of any overcharge, unalloNva~le or
exce~sive ount.
9.7 ]~ R rts. ~OLTNTY shall provide to OAG periodic status reports in accordance with OAG' audit
nrociydures resard ria COUNTY's resolution of any audit-related compliance activity for which CO , is
SE ION G NERAL TERMS AND CONDITIONS
10.1: F eral Id State Laws, Rules aad Regulations, Directives, Guidelines, OMBs,i UGMA~ MS,
and Othe Relev ~t Authorities. COUNTY agrees to comply with all applicable federal acrd state lalw rules
and egula ions, d tives, guidelines, OMB circulars, or any other authorities relevant to t)he perform ce of
CO TY under his contract, including any authorities relating to programmatic, financial, arc nting
audi ing d/or f ding. COUNTY agrees to comply with applicable laws, executive orders, regulatio s and
poll 'ies as well jthe Uniform Grant Management Act of 1981 (UGMA), Texas Government Coded C apter,
?83 ' as ended '~, and UGMS, as amended by revised federal circulars incorporated ~n UGMS y the
Go rnor' Budg ~ and Planning Office. COUNTY also shall comply with all applicable federal an state
ass ce and tfications contained in UGMS, Part III, State Uniform Administrative'; Requireme is for
G 'ts an Coope tive Agreements, Subpart A, §14, State Assurances.
10. L' eases, I~Certifications aad other Authorizations. COUNTY agrees that it; has obtained all
lice ses, c rtifica bas, permits and authorizations necessary to perform the responsibilities of this contact and
cu ntly sing standing with all regulatory agencies that regulate any or all aspects of COUiTY's
bus ess rope 'ions. COUNTY agrees to comply with all applicable licenses, legal certificiations,
ins tion ,and other applicable local ordinance, state, or federal laws. ~ '
10 C rtifica ons and Assurances. Exhibit B, attached hereto and incorporated herein,'; and is appl able
tot is co ct. OUNTY agrees to strictly comply with the requirements and obligation described in ibit
B.
10. ' C nflicts pf Interest; Disclosure of Conflicts. COUNTY has not given, offered td give, nor ntends
to ive a any ti a hereafter, any economic opportunity, future employment, gift, loam, gratuity, pedal
di unt, 'p, fav r, or service to a public servant or employee of the OAG, at any time during the neg tiation
of is co tract # in connection with this contract, except as allowed under relevant state or fede 1 law.
CO will a blish safeguards to prohibit its employees from using .their positions for a pu~ se that
co itute or p Bents the appearance of personal or organizational conflict of interest or person 1 gain.
C will berate with complete independence and objectivity without actual, potential ors parent
co ict o intere 'with respect to their performance under this contract. COUNTY must disclose, in 'ting,
wi in fi n (1 )calendar days of discovery, any existing or potential conflicts of interest relative o their
petorm ce and t this contract.
enan a Grant ~12 month) Fy 10 02-23-09
10 0 17
SE ION 1 S CIAL TERMS AND CONDITIONS
,I
11.1 ~~; In ependpt Contractor States; Indemnity and Hold Harmless Agreement. COUNTY ~xp~tessly
agtr~s th it is independent contactor and under no circumstances shall any owners, incorporators,
offs , di ors, employees, or volunteers of COUNTY be considered a state employee, agent, servan joint
ven er, j int ent rpriser or partner of the OAG or the State of Texas. COUNTY agrees to take suclY steps as
may tie ne essary p ensure that each contractor of COUNTY will be deemed to be an independent con ~ actor
and ill n t be sidered or permitted to be an agent, servant, joint venturer, joint enterpriser or er of
All	rson	furnis	~d, used, retained, or hired by or on behalf of COUNTY or any of their contractors s all be
con	dered	to be	solely the employees or agents of COUNTY or the contractors. COUNTY ', s ll be
resp	nsibl	fore	ring that there is payment of any and all appropriate payments, such as unemplo ment,
wor	ers	pens	ti7on, social security, any benefit available to a state employee as a state erriployee, an other
pa	11 tax	s for s	~h persons, including any related assessments or contributions required by law. 1
			
To	a ex	nt allo	~'ed by law, COUNTY or contractors aze responsible for all types of claims whatsoe r due
to	acti	ns or	ormance under this contract, including, but not limited to, the use of au#omobiles o other
trap	portat	on, tak	by its owners, incorporators, officers, directors, employees, volunteers qr any third arties
and	O	TY an	or contractors will indemnify and hold harmless the OAG and/or the Stgte of Tex from
and	gain	any a	jd all claims arising out of their actions or performance under this contract. To the xtent
alto	ed b	law, C	UNTY agrees to indemnify and hold harmless the OAG and/or the State of Texas ~fr any
and	11 lie	ility, a	ions, claims, demands, or suits, and all related costs, attorney fees, and expenses, jth arise
fro	or	a oc	oned by the negligence, misconduct, or wrongful act or omission of the COUIN ,its
em	oyees	repres	tatives, agents, or subcontractors in their performance under this contract.
11.	P	blicity	',Intellectual Property. It is expressly agreed that COUNTY may not name the ~ G in
gen	1 or	the A	'rney General of the State of Texas specifically, in any publication, promotion, naz eting,
me	'a rel	ase, p	hlic service announcement, or any other type of communication by COUNTY (n r may
CO	TY	author	'anyone else to do so), without the express written consent of the OAG.
CO	TY	unde	ds and agrees that where funds obtained under this contract may b~ used to oduce
on	nal b	ks,	uals, films, or other original material and intellectual property, COUNTY may co yright
suc	mate	'al su	t to the royalty-free, non-exclusive, and irrevocable license which is hereby rese ed by
the	AG	d C I	~JNTY hereby grants to the OAG or the state (or federal government, if federal ifu ds are
ex	nded	n this	t) government. The OAG is granted the unrestricted right to use, copy, modify, repaze
deri	ative	works,	ublish and distribute, at no additional cost to the OAG, in any manner the O?1G deems
app	Aria	in its	ble discretion, any component of such intellectual property made the subject of this c tract.
11.~	N	Solic'	tion or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation
for	r rec
~	'pt of	ttds of any type by COUNTY is fQr the sole benefit of COUNTY and is not a solicta~on for
or r	ei»t	f fund	'',on behalf of the OAG or the Attorney General of the State of Texas.
N Subc htracting or Assignment Without Prior Written Approval of OAG. COUNTYY ay not
>ntra t or as ign any of its rights or duties under this contract without the prior written appro~a of the
. It i withi khe OAG's sole discretion to approve any subcontracting or assignment.
P
1
renan a Grant (,12 month) Fy 10 02-23.-09
Ilof17 '! 1
11.5 No Gran to Certain Organizations. Consistent with the OAG's Appropriation, Rider 12~ ir~ H.B.
No, , Arti le I, S ' tegy C.1.2, Victims Assistance, 80th Leg. Reg. Sess. (2007), COUNTY confirms that by
exe ting is co itract that it does not make contributions to campaigns for elective office or',. endorse
candidates. ',
11.6 N Waiv of Sovereign Immanity. To the extent allowed by law, the Parties agree that no pr
of t~is co act i in any way intended to constitute a waiver by the OAG or the State! of Texas
im nitie from s it or from liability that the OAG or the State of Texas may have by operation of lavi~.
11.7 vernin 'Law; Venue. This contract is made and entered into in the State of Texas. This c
and 11 dis utes 'ding out of or relating thereto shall be governed by the laws of the State of Texas;
reg d to y othe ise applicable conflict of law rules or requirements.
Exc pt wh re stat ~I law establishes mandatory venue, and to the extent allowed by law, COUNTY agr
any ction suit, li tgation or other proceeding (collectively "litigation") arising out of or in any way rel
this on t shall commenced exclusively in the Travis County District Court or the United State's
Cou in a We rn District, Austin Division, and to the extent allowed by law, hereby irrevoga
unc nditio ally c sent to the exclusive jurisdiction of those courts for the purpose of prosecuting
def ding uch li tion. To the extent allowed by law, COUNTY hereby waives and agrees not toa
wa of m tion, a defense, or otherwise, in any suit, action or proceeding, any claim that COUNT'
per Wally subjec o the jurisdiction of the above-named courts, the suit, action or proceeding is broug
inc nveni nt foru and/or the venue is improper.
OF CONTRACT AND AMENDMENTS
12. C nstru on of Contract. The provisions of Section 1 are intended to be a general introdu
this con t. To a extent the terms and conditions of this contract do not address a particular cirGu~
or a oth rwise 'nclear or ambiguous,. such terms and conditions are to be construed consistent ~
gen ral o ective ,,expectations and purposes of this contract. ',
(ve ai or wntten
to ch s bject r
CO agrees
A d B d any
12.E A endn
an utho zed pc
am dme is of t
co ~idera on. A~
Secion w 11 be di
12. P rtial l
un force ble, s~
ille al or nvalid
inc rpora d herE
Ma tenan a Gram
Pa 12 0 17
reement, including Exhibits A and B and Incorporated Documents. Thin c
A and B, and any other documents incorporated by reference, reflects th+e entire ag
with respect to the subject matter therein described, and there are no other represe
directives, guidance, assistance, understandings or agreements between the Parties
otter. Exhibit A and B are attached and incorporated herein. By executing this <
o strictly comply with the requirements and obligations of this contract,;including
her documents incorporated by reference.
t. This contract shall not be modified or amended in any way except in' writing, j
m of the Parties for that express purpose. Any properly executed modifia
contract shall be binding upon the Parties and it presumed to be supported byj
attempted modification or amendment of this contract that does not comply',,
ied voidable at the sole option of the OAG.
rlidity; Non-waiver. If any term or provision of this contract is found to be
construction shall not affect the legality or validity of any of its other provisi
vision shall be deemed severable and stricken from the contract as if it had n
but all other provisions shall continue in full force and effect. The failure of an
Q12 month) Fy 10 02-23-09
any
s that
ing to
istrict
y and
and/or
ert by
is not
in an
ion to
stance
th the
by
or
this
ai or
The
been
tv to
insis upon strict 'rformance of any of the terms or conditions herein, irrespective of the length of time of
such ailu ,shall pt be a waiver of that party's right to demand strict compliance in the future. No consent or
waiver, ex ress o implied, to or of any breach or default in the performance of any obligation undue this
contract sh 11 con Mute a consent or waiver to or of any breach or default in the performance of the Isa~-e or
any tither o ligatio of this contract.
12.5 II Co nterp rts. This contract may be executed in one or more counterparts, each of which; shhll be
deerr~ed an rigina but all of which together shall constitute one and the same instrument.
12.6 ~ O icial apacity. The Parties stipulate and agree that the signatories hereto are signing, eQCe~uting
and ~erfo ing thi contract only in their official capacity.
O ~ t o ' ey General of Texas Kerr County, Texas
-~
-. 6 CZ ~lirfinla I
designee
13 ofI17
r
:.
s
X12 month) Fy 10 02-23-09
Ce., ~' /2 ~~'
Printed Name
~~
Date• ~
EXHIBIT A
SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND KERR COUNTY
FOR THE STATE FISCAL YEAR 2010
The
OAG Contract No. Y
Size: edium
11 rei urse COUNTY for allowable SAVNS expenditures as follows:
			
~			Maximum	Total Grant Funs
	E	ent	I	Cost for Jail	Cost for Courts	Number of	Available
						Montbs	
							
	Sta	dard					
	Main	enanc	
~	$15,259	$ 2,666	12	$;17,925
	P	ase	I				
The n
200 ,
and or rei
out f any
~iod ~rm). The Service Period (Term) of this contract is stated in Section 2.1 of the Contr t.
um nu ' ber of months is provided above. If this contract does not commence before Septe ber 1,
the ion of any partial month thereafter will be a prorated amount of the rrionthly am nt as
by the OAG. The OAG is not obligated to pay for services prior to the commencement or a er the
of thi contract.
i
of Li bility of the OAG. The parties stipulate and agree that the total liability of the
for an !, type of liability directly or indirectly arising out of this contract and in consid~
S full, satisfactory and timely performance of all its duties, responsibilities, obligations,
nburse ent by the OAG to the COUNTY for expenses, if any, as set forth"in thislcontract
~erfo ce herein shall not exceed:
EN TI-IOUSAND NINE HUNDRED TWENTY-FIVE and NO/100 ($17,925)
:enan Grant '12 month) Fy 10 02-23-09
14 of 7
to
of
Y~
EXHIBIT B
' ' SAVNS N[AINTENANCE GRANT CONTRACT BETWEEN ',
THE OFFICE OF THE ATTORNEY GENERAL
i
AND KERR COUNTY
', FOR THE STATE FISCAL YEAR 2010 ',
OAG Contract No. 102459
~ he U iform Grant Management Standards ("UGMS"), Part III, Section .14;
Promulgated by the Office of the Governor, State of Texas, ~'
Es ' lish the following assurances applicable to recipients of state grant funds: 1
(1) O m ~t comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring at no
offs er, a loyee ',or member of the applicant's governing body or of the applicant's contractor shall ote or
con nm th empl ' ent of any person related within the second degree of affinity or the third de a of
con gui ity to try member of the governing body or to any other officer or employee authorized to ploy
or s pervi a such rson. This prohibition shall not prohibit the employment of a person who shall ha been
con 'nuou y emp yed for a period of two years, or such other period stipulated by local law, prior to the
elec ion o appoi ~inent of the officer, employee, or governing body member related to such personin the
(2) CO TY m I$t insure that all information collected, assembled or maintained by the applicant rel five to
a p jest ill be vailable to the public during normal business hours in compliance with Texas Gove~ ment
C , Cha ter 55 Vernon's 1994, unless otherwise expressly prohibited by law.
(3) O TY m $t comply with Texas Government Code, Chapter 551, Vernon's 1994, which raq res all
re tar, s ial t called meeting of governmental bodies to be open to the public, except as of erwise
pro ided law r specifically permitted in the Texas Constitution ',
(4) O TY m ~t comply with Section 231.006, Texas Family Code, which prohibits payments to
wh is in ears h child support payments.
(5) o h !th an I, human services agency or public safety or law enforcement agency may contract with or
iss a lic nse, ' ificate or permit to the owner, operator or administrator of a facility if the license,; prmit or
ce ificate has be t~ revoked by another health and human services agency or public safety or law enfo ; ement
~,
(6) ICO TY th ! is a law enforcement agency regulated by Texas Government Code, Chapter 415, mint be in
co plian with all rules adopted by the Texas Commission on Law Enforcement Officer Standdards and
Ed ation pursu t to Chapter 415, Texas Government Code or must provide the grantor agency'.=: with a
ce 'ficati n fro 'the Texas Commission on Law Enforcement Officer Standards and Education that the
a¢ cv is n the p ' ess of achieving compliance with such rules.
(7) When into fated into a grant award or contract, the standard assurances become terms or condi~ons for
rec. ipt of grant ends. COUNTY shall maintain an appropriate contract administration system to in a that
all elms, onditi s, and specifications are met. i
15 of117
I(12 month) Fy 10 02-23-09
8) O TY m ~ t comply with the Texas Family Code, Section 261.101 which requires reporti~ of all
sus ted aces child abuse to local law enforcement authorities and to the Texas Department'' o~Child
Proi~ective and R gulatory Services. COUNTY shall also ensure that all program personnel aze ~ p perly
trailed an aware bf this requirement.
(9) O wi 1~, comply with all federal statutes relating to nondiscrimination. These include, b~t a not
lim' ed to the f lowing: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which p hibits
dis 'min ion on ..!the basis of race, color or national origin; (b) Title IX of the Education Amendm nts of
197 , as ende i,(20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the is of
sex (c) ection ''504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794, which j p hibits
dis imin ion o 'the basis of handicaps and the Americans With Disabilities Act of 1990; (d) a Age
Dis rrmin tion A ' of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the
bas of a e; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as arriended, rel ing to
no iscri inatio '' on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alc olism
Pre entio , Trea ' ent and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating o the
no iscri inatio '~ on the basis of alcohol abuse or alcoholism; (g} §§ 523 and 527 of'i the Public Health
Se .ice A t of 19 !2 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiitlity of alco of and
dru abus patie t records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et s .), as
am nded, relatin ' to nondiscrimination in the sale, rental or financing of housinffi; (i) an other
no iscri inatio provisions in the specific statute(s) under which application for Federal ;assistance i being
m ;and (j) the requirements of any other nondiscrimination statute(s) which may apply td the apphc ion.
(10 CO TY, applicable, will comply, with the provisions of the Davis-Bacon Act (40'U.S.C. §',I§ 76a to
27 -7), t e Co and Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Ho rs and
Sa ty Sta dazds ct (40 U.S.C. § § 327-333), regarding labor standards for federally assisted constnuc on sub
a emen .
(11 CO TY, ', applicable, will comply with requirements of the provisions of the Uniform Ike cation
As istanc and 1 Property Acquisitions Act of 1970 (P. L. 91-646) which provide for fair ands a uitable
tre ent of pe pns displaced or whose property is acquired as a result of Federal or federally sisted
pro s. These #equirements apply to all interests in real property acquired for project purposes regaz less of
Fe eral p icipat on in purchases.
(12 CO TY 11 comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-2 which
lim the olitical activity of employees whose principal employment activities are funded'in whole',~o 1 in part
(1C0 TY 'll comply with the minimum wage and maximum hours provisions of the Federal Ear Labor
S dazds Act an '', the Intergovernmental Personnel Act of 1970, as applicable.
(14 CO TY, 's applicable, will insure that the facilities under its ownership, lease or superviso>~ which
shad be u ilized i 'the accomplishment of the project are not listed on the Environmental Protections ` ency's
(E A) lis of Vi 7ating Facilities and that it will notify the Federal grantor agency of -.the receipt. of any
co muni ation dm the Director of the EPA Office of Federal Activities indicating that a facility to , used in
the projec is and 'r consideration for listing by the EPA. (EO 11738).
(1 CO TY, ~s applicable, will comply with the flood insurance purchase requirements of 102( of the
Fl d Di er P ' tection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase f flood
I
:enan a Gn3nt (12 month) Fy 10 02-23-09
16 of 17
co unities where such insurance is available as a condition for the receipt of an~ ederal
istan for construction or acquisition proposed for use in any area that has been identified by the
the partment of Housing and Urban Development as an area having special flood hazard
(16~	CO	TY,	;applicable, will comply with environmental standards which may be prescribed purs ant to
the ,	follow	ng: (	institution of environmental quality control measures under the National Envirp ental
Fol	y A	of 19	9 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating ~ f ilities
pu	ant t	EO 1	'738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood h ds in
fl	plai	in a	rdance with EO 11988; (e) assurance of pro3ect conststency with the approve State
m	;gem	t pro	developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 51 et
seq	; (f) c	nform	ty of federal actions to State (Clear Air) Implementation Plans under Section 176~c of the
Cl	Air	ct of	''1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sou ces of
dri	ing	afar u	er the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) prole ion of
end.	ge	speci	$ under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
(17	CO	TY,	~ applicable, will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C, 1271
et	q.) rel	fed to	'rotecting components or potential components of the national wild and scenic rivettis stem.
(18	CO	TY,	applicable, will assist the awarding agency in assuring compliance with Section ~0	of the
Na	onal	istoric	Preservation Act of 1966, as amended. (16 U.S.C. 470), EO 11593 (identificati	n and
pro	action	of Kist	ric properties), and the Archaeological and Historic Preservation Act of 1974 (16	.S.C.
46	-1 et	eq.).		
(19	CO	TY,	applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89	44, as
am	ded,	U.S.	~ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded anim is held
for	wear	, teac	~ng, or other activities supported by this award of assistance.	
O TY, applicable, will comply with the Lead-Based Paint Poisoning Prevention Act (42 U. .C. §§
et q.) w ch prohibits the use of lead-based paint in construction or rehabilitation of lies dential
(21 CO TY, ~ applicable, will comply with Public Law 103-277, also known as the Pro-Childre Act of
19 (Ac , whi prohibits smoking within any portion of any indoor facility used for the prov ion of
se ices f r child ~ n as defined by the Act.
(22 CO TY, ~ applicable, will comply with all federal tax laws and are solely responsible for; ing all
req iced s to and ffederal tax forms.
' I with all a livable re uirements of all other federal and st~e laws,
(231 CO ,applicable, will comp y pp q
ex~utive rders, gulations and policies governing this program.
(2 CO TY, ' a signatory party to the grant contract, must certify that they are not debarred or $u pended
or therwi a excl 'ded from or ineligible for participation in federal assistance programs.
(2 CO TY ',must adopt and implement applicable provisions of the model HIV/AIDS wn place
gu' alines of the !Texas Department of Health as required by the Texas Health and Safety Code, A ., Sec.
85. O1, et seq.
tenan Grant 12 month) Fy 10 02-23-09
17 of 17