REGULAR MEETING - TUESDAY, September 24, 2024 On this the 22nd day of April 2025 at 9:00 A.M. the Honorable Commissioners Court of Blanco County convened in a REGULAR MEETING at a special meeting place thereof in the Courthouse Annex, District Courtroom, in Johnson City with the following members to-wit: BRETT BRAY COUNTY JUDGE TOMMY WEIR COMMISSIONER PCT. 1 EMIL UECKER COMMISSIONER PCT. 2 CHRIS LIESMANN COMMISSIONER PCT.3 CHARLES RILEY COMMISSIONER PCT. 4 LAURA WALLA COUNTY CLERK Call to order and roll call. County Judge and County Commissioners Weir, Liesmann and Riley announced present, with County Commissioner Ueckert being absent. Pledge of Allegiance - United States and Texas Invocation. - Ledby Christina Harris. PUBLICCOMMENTS Opportunityfor the general public to address the Court on any action taken. Comments are limited to three (3)minutes. KENNETH" WELCH-Item #13 1. Considerapproval of minutes of prior Commissioners' Court meeting(s). Vote on any action taken. (Judge Bray) COMMISSONEAWAIrONO like to make the motion to dispense with thereading of the minutes and to acceptthe minutes as presented, seconded by Commissioner Riley. Judge Bray called for discussion and vote. JUDGE BRAY - YES. COMMISSIONER WEIR - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY - YES. MOTION CARRIED. 4/0 2. Consider ratifying and/or approving line-item transfers as presented. Voteon any action taken. (Judge Bray) There were none oresented, therefore no action taken on this item. 3. Consider approval of outstanding bills. Vote on any action taken. (Judge Bray) COMMISSIONER LIESMANN made the motion to ratify the outstanding bills in the amount of $5,694.49 and approve the outstanding bills in the amount of $362,029.60, seconded by Commissioner Riley. Judge Bray called for discussion andvote. JUDGE BRAY - YES. COMMISSIONER WEIR - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY - YES. MOTIONCARRIED. 4/0 4. Consider report from outside auditor for fiscalyear endings September 30, 2024. Vote on any action taken. (Judge Bray) COMMISSIONER LIESMANN would like tomake the motion accepting the report from the outside auditor fori the fiscal year ending September 230, 2024, seconded by Commissioner Riley. Judge Bray called-for discussionand vote. JUDGE BRAY- YES. COMMISSIONERWEIR - YES. COMMISSIONER UECKER ABSENT. COMMISSIONER LIESMANN-YES COMMSSIONERRLEYA -YES. MOTIONICARRIED. 4/0 5. Consider PoctematensedlarncMe, 2025 as "Mental Health Awareness Month" in Blanco County. Vote on any action taken. (Judge Bray) COMMISSIONER WEIR would like to make the motion to approve the proclamation declaring May 2025 as "Mental Health Awareness Month" in Blanco County, seconded by Commissioner Riley.Judge Bray called for discussion and vote. JUDGE BRAY - YES. COMMISSIONER WEIR - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY - YES. MOTION CARRIED. 4/0 6. Consider renewal of Texas Housing Foundation Board Member, Susan Hamm for a two-year period beginning April 22, 2025, and ending April 21, 2027, requested by Allison Milliorn CEO of THF. Vote on any action taken. (Judge Bray) Judge Bray remarked that this will be Mrs. Hamm's final 2 year appointment. COMMISSIONER LIESMANN makes the motion to approve the resolution for the renewal of Texas Housing Board Member, Susan Hamm for a two-year period beginning April 22, 2025, and ending April 21, 2027, seconded by Commissioner Riley. Judge Bray called for discussion and vote. JUDGE BRAY - YES. COMMISSIONER WEIR - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY - YES. MOTION CARRIED. 4/0 Commissioner Liesmann thanked Mrs. Hammfor her years.ofservice. 7. Discussion and possible action regarding letter dated April 9, 2025,from Alamo Trust, Inc. regarding preservation of the Alamo. Vote onany action taken. (JudgeBray) No action taken on this item at'this time. 8. Accept donation of a desk and filing cabinet from KimAshby. Vote on any action taken. (Judge Bray) COMMISSIONER LIESMANN makes ther motionto accept the donation of a desk and filing cabinet from Kim Ashby, seconded by Commissioner Weir. Judge Bray called for discussion and vote. JUDGE BRAY-YES. COMMISSIONERWER - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY-YES. MOTION CARRIED. 4/0 9. Consider theappointment of Deputy Constable, Precinct 4 as the Local Rabies Control Authority for Blanco County. Vote on any action taken. (Judge Bray & Constable Bucy) COMMISSIONER RILEY moves to appoint Deputy Constable, Precinct 4 asthe Local Rabies Control Authority for Blanco County, seconded by Commissioner Weir. Judge Bray called for discussion and vote. JUDGE BRAY - YES. COMMISSIONER WEIR - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY - YES. MOTION CARRIED. 4/0 10. Discussion and action regarding vending machines at the North Annex. Vote on any action taken. (Judge Bray) COMMISSIONER LIESMANN makes the motion to authorize the County Judge to advertise for bids for use/installation of vending machines in the County Courthouse Annex, seconded by Commissioner Weir. Judge Bray called for discussion and vote. JUDGE BRAY - YES. COMMISSIONER WEIR - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY - YES. MOTION CARRIED. 4/0 11. Open, review and possibly award bid for metalreplacement on two carport style roofs at the LEC. Vote on any action taken. (Commissioner Liesmann) COMMISSIONER LIESMANN makes the motion to use the lower bid, seconded by Commissioner Weir. Judge Bray called for discussionandyote. JUDGE BRAY - YES. COMMISSIONERI WEIR - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LESMANN - YES. COMMISSIONER RILEY-YES. MOTION CARRIED 4/0 12. Consider approvalto replat lot 6-A in the Oaks at Spicewood subdivision. New lots to be known as lots 6-A186-A2/Voteron any actiontaken. Commissioner Liesmann) COMMISSIONERMESMANN.makes the motion to approve the replat of lot6-A in the Oaks at Spicewood subdivision Withthe new lotst to be known as lots 6-A1 & 6-A2, seconded by Commissioner Riley.Judge Bray called for discussion and vote. JUDGE BRAY - YES. COMMISSIONER WEIR -YES. COMMISSIONERUECKER ABSENT. COMMISSIONERI LIESMANN -YES. COMMISSIONER RILEY - YES. MOTION CARRIED. 4/0 13. Discussion and action regarding the Woods at Flat Rock Creek subdivision. Vote on any action taken. Commissioner Liesmann) COMMISSIONER LIESMANN makes the motion to deny the request for relief, seconded by Commissioner Riley. Judge Bray called for discussion and vote. JUDGE BRAY - ABSTAINED. COMMISSIONER WEIR - NAYE. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY - YES. MOTION CARRIED. 2/1 COURT GOES INTO RECESS AT 10:35am. RETURN FROM RECESS AT 10:40am. JUDGE BRAY made the motion to add addendum item to initiate Allison, Bass, McGee for litigation on this matter, seconded by Commissioner Liesmann. Judge Bray called for discussion and vote. JUDGE BRAY - YES. COMMISSIONER WEIR - YES. COMMISSIONER UECKER - ABSENT. COMMISSIONER LIESMANN -YES. COMMISSIONER RILEY - YES. MOTIONCARRIED. 4/0 COMMISSIONER LIESMANN makes the motionto denythe application based on the lack of fire hydrants drawn in the plans,seconded by Commissioner Riley. Judge Brày called for discussion and vote. JUDGE BRAY - NAYE. COMMISSIONER, WEIR : NAYE. COMMISSIONERI UECKER - ABSENT. COMMISSIONER LIESMANN AYE. COMMISSIONER RILEY - AYE. MOTION TIED. 2/2 Motion does not pass at this time. 14. Consider burnban.or any other relatedaction. Vote on any action taken. (Judge Bray) Noaction taken on thisitem at thisti time. 15. Adjourn. COMMISSIONERWESMANN made the motion to adjourn, seconded by Commissioner Weir. Judge Bray callédfor discussion and vote. JUDGE BRAY - YES. COMMISSIONER WEIR - YES. COMMISSIONER UECKER -ABSENT. COMMISSIONER LIESMANN - YES. COMMISSIONER RILEY - YES. MOTION CARRIED. 4/0 Meeting adjourned at 11:21 a.m. The above and foregoing minutes were examined and approved in Open Court this day of May 2025. I, Laura Walla, County Clerk, Blanco County, Texas attesti that the foregoing is a true and correct accounting of the Commissioner's Court authorized proceedings-for. April 22, 2025. County Clerk and Ex-Officio Member of Commissioner's Court, Blanco County, Texas All Official Reports are No - - SN A Pet3 CCAPPABSIOAIC Bonstebet Bertcstey JP*4 Treasurer Corles - Agilip No Line-Item Transfers Texas Traffic Safety Program COPY GRANT AGREEMENT GENERAL TERMS AND CONDITIONS Definitions: For purposes of these Terms and Conditions, the Department" is also known as the "State" and the prospective primary participant" and the "Subgrantee" is also known as the "Subrecipient" and "prospective lower tier participant" ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance. ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 2 CFR, Part 200; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing oft the application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. Itwill comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) SS4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs,' - 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Revised 7/18/2019 E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC SS4321 et seq.; the Clean Air Act, as amended, 42 USC S$7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC $$1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC SS6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC $$9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC $4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes 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. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to Revised 7/18/2019 employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 573.062 oft the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project sha!l be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. fa applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in a Project Budget category will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. 1. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent ofi the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. 2. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. 3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. 4. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this agreement. 5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement, I or B, "PI&E Activities,' I to exceed the TxDOT amount listed in Subcategory C, "Other.' Also, Subgrantees Revised 7/18/2019 are not allowed to use underrun funds from the TXDOT amount of Salaries, I (100) Subcategories A, "Enforcement; or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities.' - The TxDOT amount for PI&E Activities,' I or C, "Other, I can only be exceeded within the five Subcategory (5) percent B, flexibility, with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting, refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this agreement is further governed by the cost principles outlined in 2 CFR Part 200. F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty-five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial agreement period. Preference for funding will be given to projects based on (1) proposed cost sharing and (2) demonstrated performance history. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the. Subgrantee, giving notice of intent to terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement. Revised 7/18/2019 ARTICLE 5. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additional compensation shall be paid for this work. D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do SO by the Department. No additional compensation shall be paid for this work. E. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. Reporting periods vary by project duration and are defined as follows: 1. For short term projects, the reporting period is the duration of the project. Subgrantee shall submit a performance report within 30 days of project completion. 2. For longer projects, the reporting period is monthly. Subgrantee shall submit a Revised 7/18/2019 performance report within 30 days of the completion of each project month and within 30 days of project completion. 3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each billing cycle. Subgrantee shall submit a performance report within 30 days of the completion of each billing cycle. B. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: 1. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed under this agreement (called the "Records"), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four (4) years from the date of final payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records. This right of access is not limited to the four (4) year period but shall last as long as the Records are retained. Revised 7/18/2019 ARTICLE 9. INDEMNIFICATION A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. C. Ift the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral or written agreements. If a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless: 1. This agreement is terminated in writing with the mutual consent of both parties; or 2. There is a written thirty (30) day notice by either party; or 3. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. B. The Department shall compensate the Subgrantee for only those eligible expenses Revised 7/18/2019 incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A. The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the oerformance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work. ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. GRATUITIES A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. B. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors Revised 7/18/2019 to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. B. All employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict with (1) the Department's procurement and property management standards and (2) the federal procurement and property management standards provided by 2 CFR SS 200.310-.316, 200.318-.324. Revised 7/18/2019 ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federaly-assisted programs of the United States Department of Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part200; and 41 CFR, Parts 60-74, as they may be amended periodically (called the Regulations"). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity, as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: Revised 7/18/2019 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685- 1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI oft the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles I and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin scmnatondsctimnation because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency- Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English Revised 7/18/2019 proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, sO long as any portion of the program is Federally-assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance; Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/ftunding recipient agrees- a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/finding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract'agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractorfunding recipient under the contract'agreement until the contractorfunding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, Revised 7/18/2019 that receives Federal funds under this program. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it or the USDOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take any action with respect to any subcontract or procurement that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program. C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. Revised 7/18/2019 D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address Mpwaidaicobusnesehesatnerhewdehu E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. Revised 7/18/2019 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website fitps/Nww.sam.gow). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Revised 7/18/2019 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment Suspension, and Other Responsibility Matters- Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Revised 7/18/2019 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction, I without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website nitps/ww.sam.gow, 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Revised 7/18/2019 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission oft this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person fori influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Revised 7/18/2019 ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court-supervised effort to improve earnings and child support payments. ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: piRdalasasgpgwapa2moarepet and MPiRoataseagpgw2010pat2ozIpet. B. The Subgrantee agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpt. 4.11) if this award provides for more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM web-site at: htps/ww.sam.goy 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all ousinesses and entities required to do SO by visiting the Dun & Bradstreet (D&B) on-line registration website pegowdmb.comettom: and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. Revised 7/18/2019 ARTICLE 28. SINGLE AUDIT REPORT A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at singleaudits@dotgov C. If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows: We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Revised 7/18/2019 ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION (This article applies only to non-profit entities.) The Subgrantee is required to make any information created or exchanged with the Department pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the Department. [SB-1368, 83rd Texas Legislature, Regular Session, Effective 9/1/13] ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Administrative Code $25.906(b). Subgrantee certifies it has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code $10.51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program. Revised 7/18/2019 RESPONSIBILITIES OF THE SUBGRANTEE A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend grant related training as requested by the Department D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for grant related activities. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement.. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested, is for work exclusively related to this project. H. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. I. Ensure that each officer working on the STEP project will complete an officer's daily activity report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, Enforcement Zone identifier, mileage (including starting and ending mileage), hours worked, type of warning or citation issued or arrest made, officer and supervisor signatures. J. All STEP agencies must provide the following provision in all daily activity report forms: "I understand that this information is being submitted to support a claim against a federally-funded grant program. False statements on this form may be prosecutable under 18 USC 1001. This information on this form is true, correct, and complete to the best of my knowledge and ability. The above language should be added to the activity reports immediately above the signature lines of the officer and supervisor. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. M. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. N. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/nternational Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. O. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DRES) when necessary. P. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at wbuckeuplexascon, Revised: 11/07/2017 RESPONSIBILITIES OF THE DEPARTMENT A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3. telephone conversations 4. e-mails and letters 5. meetings 6. eGrants B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: 1. Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures completed, targets achieved) 3. Account for any approved Program Income earned and expended 4. Identify exemplary performance or best practices Revised: 11/07/2017 - A AXON Field Trial Agreement This Agreement grants the right to use the Axon Enterprs ("Axon') ancillary materials, knowledge, and designs that constitute the Trial Kit. Trial Kit(s) identified in this Agreement to the customer listed in the Customer will not directly ori indirectly cause any proprietary rightst to be violated. signature block below ("Customer) on loan and free of charge for a trial 6. Limitation ofl Liability.Axon's cumulative liability to any Party for loss and evaluation of the Trial Kit by Customer.1 The Trial Period is for the or damage resulting from any claim, demand, or action arising out of or any maximum relating of 38 days unless extended by Axon or as noted in the quote. toany Trial Kitwillr not exceed One Thousand Dollars ($1,000.00). Neither Party 1. Trial Kit. The Trial Kit will include any Axon hardware or software will be liable for direct, special, indirect, incidental, punitive or consequential providedi for trial purposed tot the Customer.. damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legalt theory. Axon may! limit the number of Trial Kits Customer receives. Axon mays supply a Formal Matters. refurbished" Trial Kit. Axon's warranty, limitations andr releasesi for the Trial Kits is applicable and available on Axon's website at www.axon.comlegal ALL A. Signature. Your signature warrants and acknowledges that you are SERVICES INCLUDING, WITHOUT LIMITATION, CLOUD SERVICES OR authorized to execute this Agreement on behalf of your Customer. SOFTWARE, ASASERVICE/ AREI PROVIDED"ASIS"/ ANDTOTHEEXTENT B. Entire Agreement. This Agreement, including the attached Axon Evidence NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY Terms of Use Appendix, Axon Auto-Tagging Appendix, Axon Respond REGARDLESS OF THE CLAIM. Appendix, Axon Auto-Transcribe Appendix, My90 Terms of Use Appendix 2. Customer Obligations. Customer agrees to only use the Trial Kiti for trial (available ath mps.hawamnomsestemsandconmditons, and Axon Fleet and evaluation purposes and will not: (a)r reproduce or modifyt the Trial Kit; or (b) Appendix (to the extent such appendices are applicable), contains all the terms rent, sell, lease or otherwise transfer the Trial Kit. Customer agrees to comply and conditions agreed on by the parties regarding the Trial Kit. Any previous with all Axoni trainingr materials regarding the Trial Kit during the Trial Period. For agreements betweent the parties regardinga at freei trial oft the Triall Kita are replaced Trial Kits that contain a conducted energy weapon ("CEW"), Customer agrees byt this Agreement. This Agreement can be modified ord changed only by a written that every employee or agent that carries, uses, or deploys the CEW during the instrument signedb by both parties. Ifa any part oft this Agreementi is heldi indefinite, Trial Period will have: (a) obtained certification as a TASER CEW user or invalid, or otherwise unenforceable, the rest oft the Agreement will continue in full instructor; and (b) completed any training specific tot the CEW model by utilizing force and effect. the current TASER CEW lesson plan. Upon request by Axon, Customer agrees C. Relationship of the Parties. The parties are independent contractors and to cooperate and participate in a case study involving the Trial Kit and this Agreemento does not createa ap partnership, franchise, joint venture, Customer, Customer's use of the Trial Kit. Custorner agrees that Axon will have a non- fiduciary ore employment relationship between the parties. exclusive, perpetual license to utilize the results and any report or publication D. Assignment. Your must not, by operation ofl law or otherwise, assign any of resulting from the case study in Axon's training, markets and sales materials. If your rights or delegate any ofy your obligations under this Agreement without the Customer's trial includes Axon Fleet, and Customer is using wireless ofload, prior express written consent of Axon. then Customer is responsible for providing either a cellular SIMO card or wireless network at Customer. For use of Axon Performance, Axon may need to access E. Warranty. Forg governmental customers, ift this Agreement is for TASER 10, and store Customer's call for service records. your signature warrants and acknowledges that you are authorized to execute this Agreement on behalf ofy your Customer, and that these weapons are being acquired for temporary official Customer use pursuant to a law enforcement 3. Return of Product. Customer agrees to return the Trial Kit to Axon within Customer transfer under the Gun Control Act of 1968. For non-govemmental 10 days aftert the end oft the Trial Period, excluding used CEW cartridges. Ifany customers, Customer warrants and acknowledges that TASER 101 is classified individual component of the Trial Kit is not returned to Axon at the end of the asa af firearm under federall law andr musth bet transferredshipped toav valid Federal Trial Period, Axon will invoice Customer the MSRP of the unreturned items in Firearms Licensee ("FFL'). If Customer does not hold a valid FFL att the time of the Trial Kit(s). Customer agrees to pay the invoice along with any applicable transfer, a third-party FFL with licensed premises in Customer's state of taxes and shipping. Customer will return the Trial Kit to Axon in good working residence must be utilized to transact the order in an over-the-counter firearm condition, normal wear and tear excepted. Axon may charge Customer if there transfer pursuant to the Gun Control Act of 1968. Any applicable state and local is damage beyond normal wear and tear. firearms regulations and restrictions apply. Tocomply with applicable laws and Before Customer returns the Trial Kit, itis Customer's responsibility to download regulations, Customer must provide a purchase order to Axon priort to shipment any data and keep a backup copy of the data. All data stored int the Trial Kitv will OfTASER 10 be erased upon receipt of the Trial Kit by Axon. Customer will return the Trial Kit ACCEPTED and AGREED as of_ 202_ to: Axon Enterprise, Inc., 178001 N. 85h Street, Scottsdale, Arizona USA 85255, Attention: Trial Returns. Customer Name: 4. Customer Data. Within 30 days of the Trial Period ending, Customer may Signature: request Axon make available to Customer for download Customer data that Customer uploadedtoAxon Evidence during the Trial Period. Duringt the 30 days Printed Name: following this request, Customer may retrieveit its datai from Axon Evidence. After this 30-day period, Axon will have no obligation to maintain or provide any data Title: uploaded to Axon Evidence and will thereafter, unless legally prohibited, delete all oft this data in Axon's systems or otherwisei in its possession or control. Phone: E-mail: 5. Proprietary Information. Customer agrees Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of This Agreement does not cover trials or evaluations: solely of any Axon beta software orf firmware. CradlePointisat trademark of CradlePoint, Inc. LAXON,Axon, Axon Evidence, Axon Flex, Fleet,X2, X26, TASER7, and TASER: are trademarks ofA Axon Enterprise, Inc., some ofv which are registered in the USa ando other countries. Forn more information, visity www.axon.comlegal. All rightsr reserved. 0 2021 Axon Enterprise, Inc. Title: General Field" Trial Agreement for All Products (30-60-90 Days) Department: Legal Version: 16.0 Release Date: 2/28/2023 Page 1 of7 AXON Field Trial Agreement Axon Cloud Services Terms of Use Appendix 1. Definitions. a. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer's tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data. b. "Evidence" is media or multimedia uploaded into Axon Evidence as evidence' by an Customer. Evidence is a subset of Customer Content. C. Non-Content Data" is data, configuration, and usage information about Customer's Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content. d. Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that naturai person. 2. Access. Customer will have access and use of Axon Evidence for the storage and management of Customer Content during the Trial Period. 3. Customer Owns Customer Content. Customer controls and owns all right, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content are not business records of Axon. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will have limited access to Customer Content solely for providing and supporting Axon Evidence to Customer and Customer end users. 4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management, incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 5. Privacy. Customer's use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at ntps.www.axon.comlegalcoudsenvieservices-privacy-poicy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, mprove, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 6. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer's Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer's Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Customer, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 7. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for 6 months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to 24 hours to access. 8. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content. For United States agencies, Axon will ensure all Customer Content stored in Axon Cloud Services remains within the United States Ownership of Customer Content remains with Customer. Title: General Field" Trial Agreement for AlIT Products (30-60-90 Days) Department: Legal Version: 16.0 Release Date: 2/28/2023 Page 2 of7 4 AXON Field Trial Agreement 9. Suspension. Axon may temporarily suspend Customer's or any end user's right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or end user's use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services the systems, or content of any other customer; (c) subject Axon, Axon's affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement. 10. Axon Cloud Services Restrictions. Customer and Customer end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: a. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; b. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; C. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; d. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; e. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; f. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Cloud Services; or g. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store ort transmit material in violation of third-party privacy rights; or to store or transmit malicious code. 11. After Termination. Axon will not delete Customer Content for 90 days following termination. There will be no functionality of Axon Cloud Services during these 90 days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these 90-days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services. 12. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon's data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 13. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," commercial computer software," "commercial computer software documentation," and technical data", as defined ini the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services. Title: General Field" Trial Agreement for All Products (30-60-90 Days) Department: Legal Version: 16.0 Release Date: 2/28/2023 Page 3 of7 - AXON Field Trial Agreement Axon Auto-Tagging Appendix 1 Scope. Axon Auto-Tagging consists of development of a module to allow Axon Evidence toi interact with Customer's Computer-Aided! Dispatch ("CAD") or Records Management Systems ('RMS"). This allows end users to auto populate Axon video meta-datav with a case ID, category, and location based on data maintained in Customer's CAD or RMS. Customer must purchase Axon Auto-Tagging for every. Axon Evidence user in Customer, even if the user does not have an. Axon body camera. 2 Customer Responsibilities Axon's performance of Auto-Tagging Services requires Customer to: 2.1. Make available relevant systems, including Customer's current CAD or RMS, for assessment by Axon (including remote access ifp possible); 2.2. Make required modifications, upgrades ora alterations to Customer's hardware, facilities, systems andr networks relatedt to Axon's performance of Auto-Tagging Services; 2.3. Provide access tot the premises where Axoni is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon toe enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 2.4. Provide all infrastructure and software information (TCPAP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 2.5. Promptly install andi implement any and all software updates provided by Axon; 2.6. Ensure that all appropriate data backups are performed; 2.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services; 2.8. Provide. Axon with remote access to Customer's Axon Evidence account when required; 2.9. Notify Axon ofa anyr network or machine maintenance that may impact the performance of the module at Customer; and 2.10. Ensurer reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 3 Access to Systems. Customer authorizes Axon to access Customer's relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging: Services. Axon willy work diligently to identify as soon as reasonably practicable resources and information Axon expects to use, and will provide an initial list to Customer. Customer is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer. Title: General Field Trial Agreement for Al Products (30-60-90 Days) Department: Legal Version: 16.0 Release Date: 2/28/2023 Page 4 of7 - - AXON Field Trial Agreement Axon Respond Appendix 1 Scope of Axon Respond. The scope of Axon Respond is to assist Customer with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Customer uses AxonRespond outside this scope, Axon may initiate good-faith discussions with Customer on upgrading Customer's Axon Respond to better meet Customer's needs. In the event Customer does not stop using Axon Respond att the end of the Trial Period, Axon may charge Customer for continued use. 2 LTE Requirements. Axon Respond is only availablea and usable with anLTE enabled body-wom camera. Axon is not liableif Customer utilizes thel LTE device outside of the coverage area orifthel LTE carrieri is unavailable. LTE coveragei is onlya availablei int the United States, including any U.S. territories. Axon may utilize a carrier ofA Axon's choice to provide LTES service. Axon may change LTE carriers during the Term without Customer's consent. 3 AxonRespond Service Limitations. Customer acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in as service area and other causes reasonably outside oft the carrier's control such as intentional or negligent acts oft third parties that damage or impair the network or disrupt service; or(c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, orf failures of carrier partner networks. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affliates or contractors and Customer is not at third-party beneficiary of any agreement between Axon andi the underlying carrier. Title: General Field Trial Agreement for AIl Products (30-60-90 Days) Department: Legal Version: 16.0 Release Date: 2/28/2023 Page 5 of 7 A AXON Field Trial Agreement Axon Auto-Transcribe. Appendix This Appendix applies to Axon. Auto-Transcribe. 1) Subscription Term. If Customer purchases Axon Auto-Transcribe as part of al bundle or Axon Cloud Services license, the on the later oft the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe subscription to Customer. begins If Customer purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe. Axon Auto-Transcribe minutes expire one year after being granted. f Customer cancels Auto-Transcribe services, any amounts owed byt the Parties wil be based on the amount of time passed under the annual subscription, rather than on the number ofr minutes used, regardless ofu usage. 2) Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Customer a set number of minutes, Customer may utilize Axon. Auto-Transcribe, tot the amounts allowed on the Quote. Customer will not have the ability to roll over unused minutes toi future. Auto-Transcriber terms. Axon subject Customer additional fees for exceeding purchased amounts. may charge 3) Axon Auto-Transcribe On Demand. Upon Axon granting Customer an On Demand subscription to Axon Auto-Transcribe, Customer. may utilize Axon. Auto-Transcriber with nol limit ont the number of minutes. The scope of Axon Auto-Transcribe On Demand is to assist Customer with and transcribing. individual evidence items. In the event Customer uses Axon. Auto-Transcribe On Demand outsidei this scope, Axon may initiateg reviewing good- faith discussions with Customer on upgrading Customer's Axon Auto-Transcribe On Demand tol better meet Customer's needs. 4) Warranty. Axon does not warrant accuracy ofA Axon Auto-Transcribe. Title: General Field Trial Agreement for AIll Products (30-60-90 Days) Department: Legal Version: 16.0 Release Date: 2/28/2023 Page 6 of7 à AXON Field Trial Agreement Axon Fleet Appendix 1 Customer Responsibilities. Customer must ensure its infrastructure and vehicles adherei to the minimum requirements to Axon Fleet 2 or Axon Fleet 3( (collectively, "Axon Fleet') as established by Axon during the qualifier call and on-site assessment operate at Customer and in anyt technical qualifying questions. If Customer's representations are inaccurate, the Quote is subject to change. 2 Cradlepoint. If Customer purchases Cradlepoint Enterprise Cloud Manager, Customer will comply with Cradlepoint's endi user license agreement. The term of the Cradlepoint license may differ from the. Axon Evidence Subscription. If Customer requires Cradlepoint support, Customer will contact Cradlepoint directly. 3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4 Wireless Offioad Server, 4.1 License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server (WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2 Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; () resell, rent, loan or sublicense WoS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics ofV WOS; or (h) remove, alter or obscure any confidentiality or notices proprietary rights (including copyright and trademark notices) of Axon or Axon's licensors on or within' WOS. 4.3 WoS Support. Upon request by Axon, Customer will provide Axon with access to Customer's store and forward servers solely for troubleshooting and maintenance. 5 Axon' Vehicle Software. 5.1 License Grant. Axon grants Customer al non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".)" "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon' Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2 Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile. Axon Vehicle Soffware, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secreti information contained in Axon Vehicle Software; (0) resell, rent, loan or sublicense. Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Axon Vehicle Software. Title: General Field Trial Agreement for AII Products (30-60-90 Days) Department: Legal Version: 16.0 Release Date: 2/28/2023 Page 7 of7 STATE OF TEXAS COPY COUNTY OF KERR INTERLOCAL COOPERATION AGREEMENT BETWEEN KERR COUNTY AND BLANCO COUNTY FOR JAIL SERVICES This Inter-local Agreement is entered into by and between KERR County, Texas, a body corporate and politic under the laws of the State of Texas, acting by and through its Commissioners Court, hereinafter referred to as "KERR, and BLANCO County, Texas, a body corporate and politic under the laws of the State of Texas, acting by and through its Commissioners Court, hereinafter referred to as "BLANCO." WITNESSETH WHEREAS, TEXAS GOVERNMENT CODE, Chapter 791, authorized local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, such a consolidated effort for the housing and care of certain incarcerated inmates are in each party's best interest and that of the public and this agreement will increase the effective and efficient functioning of each party; and WHEREAS, KERR and BLANCO are local governments as defined in the TEXAS GOVERNMENT CODE, Section 791.003(4), have the authority to enter: into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, KERR and BLANCO specify that each party paying for the performance of said functions of government shall make those payments from current revenues available to the paying party; NOW THEREFORE, in consideration of the premises, and of the terms, provisions, and mutual promises herein contained which fairly compensate the performing party, it is mutually agreed as follows: ARTICLEI TERM AND EFFECTIVE DATE 1. TERM: This Agreement shall be effective beginning October 1, 2025, and shall be effective through September 30, 2026. 2. RENEWAL: This Agreement shall automatically renew for additional one-year period on October 1st of each subsequent year with mutually agreed upon increases, unless this Agreement is - terminated or notice oftermination is given. KERR shall provide sixty (60) days' notice of any change to the per diem rate for detention services for subsequent terms. 3. TERMINATION: A. This Agreement may be terminated without cause at any time at the option of either KERR or BLANCO upon the giving of sixty (60) days written notice to the other party in the manner and form provided for herein. The Notice is effective if sent by either the County Judge or the Sheriff. The termination ofthe Agreement will be effective upon the last day of the month in which the expiration of the sixty (60) day period occurs. B. This Agreement is also subject to termination upon the occurrence of an event that renders performance hereunder by KERR impracticable or impossible, such as severe damage or destruction of] KERR's facility or actions by governmental or judicial entities which create a legal barrier to the acceptance of any of BLANCO inmates. ARTICLEI I DETENTION SERVICES For the purposes and consideration herein stated and contemplated, KERR shall provide the following necessary and appropriate services for BLANCO to the maximum extent authorized by this Agreement, without regard to race, religion, color, age, sex, or national origin; to-wit: 1. PURPOSE: KERR shall provide housing and food to inmates presented by BLANCO who meet the following minimum criteria (as determined by the KERR County Sheriff or his designee): A. Inmate must be at least 17 years of age; B. Inmate must be of good general health; and C. Inmate with serious institutional behavior history (as defined by the KERR disciplinary plan approved by the Texas Commission on Jail Standards) in the last 90 days may not be accepted. 2. HOUSING AND CARE OF INMATES: KERR will confine inmates and give them reasonable and humane care and treatment, consistent with the Texas Commission on Jail Standards and other express provisions in this Agreement. KERR will provide, as set out herein, for inmate's physical needs, retain them in safe custody, supervise them, maintain proper discipline and control, make certain inmates receive no privileges except those generally afforded other inmates and that thej judgments and orders of the committing court and Board of Parole and Post- Prison Supervision are faithfully executed. 3. MEDICAL SERVICES: The per-day rate under this Agreement covers only routine medical services such as on-site sick call (when provided by KERR or contracted on-site staff) and non- prescription, overihiecoumtethnoniegend and routine drugs and medical supplies. The per-day rate does not cover medical health care services provided outside of KERR's facility or by other than KERR facility staff, prescription drugs and treatment, or surgical, optic and dental care, and does not include the costs associated with the hospitalization ofa any inmate. BLANCO shall reimburse KERR the amount spent for medical services of all BLANCO inmates, other than routine medical services included in the per-day rate. 2 4. OFF-SITE SERVICES: BLANCO County Sheriff or designee shall be informed of any BLANCO inmates receiving emergency medical care, including but not limited to hospitalizations, that results in off-site services as soon as practicable after the service occurs (not more than 1 working day). KERR will assist BLANCO to monitor utilization of off-site services by providing information about the course of an inmate's care and treatment. BLANCO may elect to retake and return to BLANCO physical custody of an inmate to manage costs and utilization of services unless emergency care of the inmate is required. 5. OFF-SITE BILLING: This Agreement provides KERR with the authority to arrange for the off- site provider to bill BLANCO for the costs of! hospitalization and/or medical care for any BLANCO inmate. In the event direct billing is unavailable BLANCO shall reimburse KERR in accordance with the terms ofthis Agreement. 6. MEDICAL RECORDS: BLANCO agrees to provide KERR with a copy of each inmate's medical, dental and mental health record(s) for the purposes of continuity of care. KERR agrees to maintain a confidential record of the health care of each inmate. BLANCO shall ensure that these records are provided no less than 24 hours prior to the inmate's arrival at the KERR County Jail. A copy of each inmate's record shall be returned to BLANCO at the time each BLANCO inmate is returned. 7. MEDICAL INVOICES: BLANCO shall reimburse KERR monthly for health care services and associated expenses for which BLANCO is responsible under this section. KERR shall provide BLANCO with invoices for such costs and agrees not to add additional administrative charges for reimbursed costs. 8. INMATE MEDICAL REPORT: Upon request from BLANCO, KERR will provide an inmate's report ofhealth care provided. 9. FACILITY INSPECTION: KERR agrees to allow periodic inspections of the facilities by BLANCO law enforcement personnel. The reports of state or federal inspections of the facilities will be provided to BLANCO upon request. 10. TRANSPORTATION AND OFF-SITE SECURITY: BLANCO is solely responsible for the transportation of inmates between the KERR County Jail and the BLANCO Facility. KERR agrees to provide ambulance and other transportation for BLANCO inmates to and from local off-site medical facilities and will invoice BLANCO in accordance with Article 2, Section 7. 11. COURT APPEARANCES: BLANCO shall be responsible for the transportation ofBLANCO inmates to/from KERR County Jail. BLANCO will be responsible for the transportation of inmates for all court proceedings and hearings and during court appearances in BLANCO County. 12. TRANSPORTATION TO TDCJ: BLANCO is responsible for the transport of BLANCO inmates to the Texas Department of Criminal Justice Institutional Division. 13. GUARD SERVICE: KERR will provide guard services as requested or required by the circumstances, or the law for inmates admitted or committed to an off-site medical facility at the rate of $35 per hour/per guard (minimum 2 guards per transport). KERR shall provide BLANCO with invoices for such costs and agrees not to add additional administrative charges for reimbursed costs. 3 14.SPECIAL PROGRAMS: The per day rate set out in this Agreement covers basic custodial care and supervision and does not include special educational, vocational or other programs provided to inmates in KERR's facilities. The parties may contract by written agreement for the provision of special programs. 15.LOCATION AND OPERATION OF FACILITY: KERR shall provide the detention services described herein at the KERR County Jail located in KERRVILLE, Texas. 16. ADMITTING AND RELEASING: BLANCO shall provide inmate biographical information and charge information for each inmate no less than 24 hours prior to the inmate's arrival at the KERR County Jail. KERR shall be responsible for the admitting and releasing ofinmates placed in KERR's facility. KERR will maintain records ofall such transactions in a manner agreed upon by KERR and BLANCO, and provide such records to BLANCO upon request. 17. RETURN OF INMATES TO BLANCO: Upon demand by BLANCO, KERR will relinquish to BLANCO physical custody of any inmate. Upon request by KERR, BLANCO will resume custody of any inmate SO requested within two (2) calendar days, or unless a different time is agreed upon both parties. by ARTICLE m FINANCIAL PROVISIONS 1. PER DIEM RATE: The per diem rate for detention services under this Agreement is one-hundred dollars ($100.00) per man-day, subject to Article 1, Section 2 ofthis Agreement. This rate covers one inmate per day. A portion of any day will count as a man-day under this agreement. 2. BILLING PROCEDURE: KERR shall submit an itemized invoice for the services provided each month to BLANCO. Such invoice will include a list of each of the inmates housed and the number of calendar days per. inmate. Invoices will be submitted to the officer designated to receive the same on behalfofBLANCO. BLANCO will make payment to KERR within thirty (30) calendar days after receipt of the invoice. Payment will be in the name ofl KERR County, Texas and will be remitted to: Kerr County Treasurer 700 Main Street Kerrville, TX 78028 B ARTICLEIV ACCEPTANCE OF INMATES 1. COMPLIANCE WITH LAW: KERR warrants that it will comply with all federal and state laws and with the requirements ofthe Texas Commission on Jail Standards while housing BLANCO inmates under this Agreement. Nothing herein will create any obligation upon KERR to house BLANCO inmates where the housing ofs said BLANCO inmates will, in the opinion OfKERR Sheriff, raise the population of the facility above the permissible number ofinmates allowed by law, or will, in the KERR County Sheriff S opinion, create a condition of overcrowding or create conditions which endanger the life and/or welfare of personnel and inmates at the facility, or result in possible violation ofthe constitutional rights ofinmates housed at the facility. At anytime that KERR Sheriff determines that a condition exists at KERR's facility necessitating the removal of BLANCO inmates, or any specified number thereof, BLANCO shall, upon notice by KERR Sheriff to BLANCO Sheriff, immediately remove said inmates from the facility. BLANCO will make every effort to remove any inmate within eight (8) hours of notice from KERR. 2. ELIGIBILITY FOR INCARCERATION AT THE FACILITY: BLANCO inmates incarcerated in this facility must meet requirements ofthis Agreement and the State standards under both the Jail Commission approved custody assessment system in place at the BLANCO jail and pursuant to the custody assessment system in place at KERR's facility. KERR reserves the right to review the inmate's classification/eligblity, and the right to refuse to accept any inmate that it does not believe to be properly classified as ai non-high risk inmate. Furthermore, if an inmate's classification changes while incarcerated at KERR's facility, KERR reserves the right to demand that BLANCO remove that inmate and, if possible, replace said inmate with an appropriate inmate of BLANCO. 3. RESERVATION WITH REGARD TO ACCEPTANCE OR CONTINUED INCARCERATION OF INDIVIDUAL INMATES: KERR reserves the right for its Sheriff or his designated representative to review the background ofall inmates sought to be transferred to KERR facility, and BLANCO shall cooperate with and provide information requested regarding any inmate by KERR Sheriff. KERR reserves the right to refuse acceptance of any inmate of BLANCO. Likewise, if any BLANCO inmate's behavior, medical or psychological condition, or other circumstance of reasonable concern to KERR Sheriff makes the inmate unacceptable for continued incarceration in KERR's facility in the opinion of KERR Sheriff, BLANCO will be requested to remove said inmate from KERR's facility, and will do so, ifreasonably possible, within eight (8) hours upon the request of] KERR Sheriff. Inmates may also be required to be removed from KERR's facility when their classification changes for any purpose, including long-term medical segregation. 4. INMATE SENTENCES: KERR will not be in charge or responsible for the computation or processing of inmates' time of confinement, including, but not limited to, computation of good time awards/credits and discharge dates. KERR will provide information that may be required regarding the inmates' behavior and performance; however, all such computations and record keeping will continue to be the responsibility of BLANCO. It will be the responsibility of BLANCO to notify KERR of any discharge date for an inmate at least two (2) calendar days before such date unless notification was not reasonably possible. KERR will release inmates of BLANCO only when such release is specifically requested in writing by BLANCO Sheriff. However, it is agreed that the preferred and usual course of dealing between the parties shall be for KERR to return inmates to the BLANCO Jail shortly before the discharge date and for BLANCO to discharge the inmate from the BLANCO Jail. BLANCO accepts all responsibility for the calculations and determinations set forth above and for providing KERR notice of the same, and to the extent allowed by law, shall indemnify 5 and hold harmless KERR from all liability or expenses of any kind arising there from. BLANCO is responsible for all paperwork and arrangements for inmates to be transferred to the Texas Department ofCriminal Justice Institutional Division. 5. BONDING / RELEASE: All inmates held for BLANCO will be required to bond in BLANCO County. BLANCO County will then send KERR a TTY stating that the inmate has been bonded and BLANCO will transport back to their facility for release. ARTICLE V MISCELLANEOUS 1. BINDING NATURE OF AGREEMENT: This Agreement is contractual and is binding the parties hereto and their successors, assigns and representatives. upon 2. NOTICE: All notices, demands, or other writings may be delivered by either party hereto to the other by United States Mail or other reliable courier at the following address: To KERR: KERR County Rob Kelly, County Judge 700 Main Street Kerrville, TX 78028 Copy To: Sheriff Larry L. Leitha, Jr. 400 Clearwater Paseo Kerrville, TX 78028 To BLANCO : BLANCO County Brett Bray, County Judge P.O. Box 387 Johnson City, TX 78636 Copy To: Sheriff Don Jackson 400 US Hwy 281 South Johnson City, TX 78636 The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party as above provided. 3. AMENDMENTS: This Agreement will not be modified or amended except by a written instrument executed by the duly authorized representatives of both parties and approved by the commissioner's courts oft the respective parties hereto. 4. PRIOR AGREEMENTS: This Agreement contains all of the agreements and undertakings, either oral or written, of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. 5. REPRESENTATION: Each party understands and agrees that each party, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, Servants, agents, and/or representative ofthe other party. 6. INDEPENDENT RELATIONSHIP. Each party shall have and retain the exclusive of control right over its employees and contractors assigned to perform services under this Agreement in accordance with the applicable laws of the State of Texas. Neither party has the authority to bind nor otherwise obligate the other orally, in writing or by any act or omission. Nothing contained herein shall establish an agency, employee-employer relationship, partnership, joint enterprise, joint employer, or joint venture relationship by or between the parties. 7. SEVERABILITY: Ifa any provision oft this agreement is found by a court of competent Jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected, an in lieu ofe each provision which is found to be illegal, invalid, or unenforceable, there will be added as of this Agreement a provision as similar to such illegal, invalid, or unenforceable provision as may part be possible and be legal, valid, and enforceable. 8. LIABILITY: This agreement is made for the express purpose of providing detention services, which both parties recognize to be a governmental function. Except as hereinafter provided neither party assumes any liability beyond that required by law. Each party understands and agrees that it is responsible only for the acts, errors, or omissions ofits employees and contractors. This. Agreement in not intended to create any cause of action for the benefit ofthird parties. 9. APPROVALS: This Agreement must be approved by the governing bodies of both parties in accordance with the Texas Inter-Local Cooperation Act. 7 8 ARTICLE VI EXECUTION In Testimony and Witness of which this Agreement has been executed in duplicate originals as follows: KERR COUNTY, TEXAS: ROB KELLY, KERR COUNTY JUDGE ATTEST: Date: NADENE, ALFORD, KERR COUNTY CLERK REVIEWED: LARRY L. LEITHA, JR., KERR COUNTY SHERIFF Date: BLANCO COUNTY, TEXAS: BRETT BRAYBI L ANDEOUNTY JUDGE ATTEST: Date: LAURA WALLA, BLANCO COUNTY CLERK DON JACKSON, BLAN COUNTY SHERIFF Date: 8 8 wIH3O 33 8996L LAnasus H.gOZ00S DTT T E E 5 TIC GO BCZIS LO,Z.005 3 à 5 - 3 3 - # € E j4 3 a E 19 : 5 a - a > E n - - a n 9 : 3 3 B 9 e & 5 ( 265308) oz EiNs 5 FES 1.B,5.905 e LSTE 165105 9 e 5 E 8 a - - 3 6 - a € 4, a B a * * 6 9 * FS 3 E 0 9 % L a s2 a 827 - pleosse 22601 % - 9 927 : - 627 yosidéyd o 5 OF 1N3W343 o 55 4 oS - heanst C 6 - ias ) RLDET - S 1 5 % % d S S - % % S 6 2> 5 0 3 $ 2 a - 5 $ g0h - 0 - 3 a C PeN - a paad V04 - STRE FFE - 434 J B