URDER NU. 20223
APPROVAL OF CONTRACT BETWEEN KERB COUNTY,
TEXAS, AND KERR COUNTY ECONOMIC DEVELOPMENT
FOUNDATION WITH AMENDMENT
Dn this the 25th day of April 1991, upon motion made by
Commissioner Morgan, seconded by Commissioner Holekamp, the
Court unanimously approved by a vote of 4-0-0 the contract
between Kerr County, Texas and Kerr County Economic
Development Foundation with the amendment on exactly how the
funds are to be spent, and authorization for the County Judge
to sign said contract on behalf of Kerr County.

~,~~~ -~
CONTRACT ~0' ~_./ U
3
THIS CONTRACT is being entered into on this the day of
1991, by and between KERR COUNTY, TEXAS,
("County"), and KERR COUNTY ECONOMIC DEVELOPMENT FOUNDATION, a
Texas non-profit corporation, ("EDF").
W I T N E S S E T H:
WHEREAS, County has duly established an economic development
program, ("Program"), to stimulate, encourage, and develop business
and commercial location and activity in Kerr County, Texas; and,
WHEREAS, Section 381.004 of the Texas Local Government Code
provides that the Program may be administered by a contract with a
non-profit organization; and,
WHEREAS, EDF is a non-profit corporation and has agreed to
administer the Program upon and subject to the terms, provisions,
conditions, and limitations herein set forth;
WHEREAS, EDF has developed a plan, ("Plan"), for the economic
development of Kerr County, Texas; and,
WHEREAS, said Plan has the purpose of promoting the economic
'~ development of Kerr County, Texas, and therefore meets, at least in
part, the purposes of the Program;
NOW, THEREFORE, for and in consideration of the premises and
the mutual covenants and benefits herein set forth, together with
other good and valuable consideration the receipt and sufficiently
of which is hereby acknowledged and confessed, County and EDF agree
that, during the term of this contract, EDF shall supervise and
direct the management and administration of the Program pursuant to
its Plan, as amended hereby and upon and subject to the following
terms, provisions, and mutual covenants:
1. Administration. EDF agrees to administer the Kerr County
Economic Development Program in accordance with the Plan, as
amended herein, and shall comply with the Plan, as amended herein,
and all applicable laws. EDF acknowledged that County funds may
only be expended for the purposes set forth in Texas Local
J Government Code, Section 381.004, and this contract. EDF agrees to
exercise its best efforts to carry our and administer the Program.
EDF may not institute any legal actions or proceedings as to the
Program without the prior written approval of the County. All
f changes in the Program shall require the prior approval of the
County.
2. Funding. County agrees to pay to EDF up to the sum of
SEVEN THOUSAND AND NO/100 DOLLARS ($7,000.00) for administration of
the Program as hereinafter provided.
~l
v
3. Term. Subject to termination a ovided, the
term of this Contract shall be for hre (3) years r so long
thereafter as the Plan shall continue, g of the Plan
shall be as herein set forth for the first year by the County, and
any funding thereafter by the County shall require prior approval
by the County. After the initial or first year of the term hereof,
this Contract may be terminated by either party for any reason upon
thirty (30) days' prior written notice to the other party.
4. Disbursements/Reports.
(a) EDF shall receive no fee or compensation for
administration of the Program and the Plan, and all disbursements
shall be in accordance with the Plan. All monies received by EDF
for the Plan from the County shall be deposited by EDF in a bank or
banks to be designated by EDF, with notice to the County of the
name, address, and account number of such bank or banks. EDF,
subject to the terms of this Contract, shall disburse and pay funds
on deposit in such amounts and at such times as the same are
allowed by the provisions of the Plan as modified by this Contract,
and all excess funds on deposit shall be disbursed by EDF to the
County upon the termination of this Contract.
(b) On or before the 15th of each month EDF shall
furnish to the County a monthly statement as to receipts, expenses,
and charges for or with respect to the Plan and the funds of the
County. EDF shall maintain books and records reflecting all
receipts, costs, charges, and expenses for and under the Plan. If
requested by the County EDF will cause its books and records to be
audited, and the cost thereof shall be paid by the County unless
such audit discloses a discrepancy of one per cent (1%) or more in
any report or information furnished the County or any failure to
follow the Plan and/or the budget submitted to the County, in which
case EDF will pay the cost of such audit. Such audit will be
performed by auditors selected by the County. EDF shall make its
books and records available for inspection by the County or any
representative of the County who may make copies thereof.
(c) EDF shall not make any disbursement of County funds
not authorized by Texas Local Government Code, Section 381.004, and
this Contract.
(d) All sums due from the County shall be satisfied out
of current revenues only.
5. Default.
(a) In the event either party shall fail to keep,
observe, or perform any covenant, agreement, term, or provision of
this Contract to be kept, observed, or performed by such party,
respectively, and such default shall continue for a period of ten
(10) days after notice thereof by the non-defaulting party, as the
case may be, to the other, then in any such event the non-
defaulting party shall be entitled to terminated this Contract, and
upon any such termination all excess funds on deposit shall be
"' disbursed by EDF to the County. Neither party shall have any
further right or obligation hereunder, except that the parties
shall continue to be obligated to pay and perform all obligations
which have accrued as of the date of such termination and shall be
liable for any and all damages resulting from any breach or
default.
(b) No delay on the part of either party in exercising
any right, power, or privilege shall operate as a waiver thereof,
nor shall any single or partial exercise of any right, power, or
privilege constitute such a waiver nor exhaust the same, which
shall be continuing. No notice to or demand on either party in any
case shall entitle such party to any other or further notice or
demand in similar or other circumstances, or constitute a waiver of
the rights of either party to any other or further action in any
circumstances without notice or demand.
6. Successors and Assigns. This Contract shall inure to the
benefit of, and be binding upon, the parties hereto and their
respective heirs, legal representatives, successors, and assigns,
provided that EDF may not assign this Contract without the County's
prior written consent.
7. Governing Law. This Contract shall be governed by and
construed and interpreted in accordance with the laws of the State
of Texas and shall be enforceable in, and venue shall be in, Kerr
County, Texas.
8. Notices. Any notice or communication hereunder must be
in writing, and may be given by registered or certified mail, and,
if given by registered or certified mail, same shall be deemed to
have been given and received when a registered or certified letter
containing such notice, properly addressed, with postage prepaid,
is deposited in the United States mail, and, if given otherwise
than by registered, it shall be deemed to have been given when
delivered to and received by the party to whom it is addressed.
Such notices or communications shall be given to the parties hereto
at the addresses set forth herein. Any party hereto may at any
time, by giving ten (10) days' written notice to the other party
hereto, designate any other address, in substitution of the
foregoing address, to which such notice or communication shall be
given.
9. Severabi v. If any term, covenant, or condition of
this Contract or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Contract or the application of such term,
covenant, or condition to persons or circumstances other than those
as to which it is held invalid or unenforceable shall not be
affected thereby, and each term, covenant, or condition of this
Contract shall be valid and shall be enforced to the fullest extent
permitted by law.
10. Relationship. The parties hereby agree that this is a
"" contract for the administration of the Program and hereby renounce
the existence of any other relationship. In no event shall the
County have any obligation or liability whatsoever with respect to
any debts, obligations, or liabilities of EDF, and EDF shall have
no authority to bind the County to any contract, matter, or
obligation. No duties of the County are delegated to EDF by this
Contract, and any provision which is or may be held to be such a
delegation shall be of no force or effect.
11. Modification; Termination. This Contract may be amended,
modified, terminated, or released only by a written instrument
executed by the County and EDF, except as herein otherwise
provided.
12. Total Agreement. This Contract is a total and complete
integration of any and all undertakings existing between the
parties hereto and supersedes any prior oral or written agreements,
promises, or representations between them. The headings of the
various paragraphs of this Contract are for convenience only and
shall not define, interpret, affect, or prescribe the meaning and
interpretation of the provisions of this Contract.
13. Date.
date agreed to
County, Texas.
COUNTY:
COUNTY OF KERR
By
This Contract shall be considered executed on the
or adopted by the Commissioners' Court of Kerr
WILLIAM G. STAGY, County Judge
Address:
Kerr County Courthouse
700 East Main Street
Kerrville, Texas 78028
APPROVED AS TO FORM:
DAVID M. MOTLEY, County Attorney
EDF:
KERR COUNTY ECONOMIC
DEVELOPMENT FOUNDATION
By- -
Name ~ ~
Title
Address:
CONTftACtS DISK:\F,DF\4fiDKA1'1'.CON
~'"„',~
~~~ .
Suggestion of Gordon Morgan
It is the courts desire and directive that these funds be expended
toward the development and implementation of systems by which
direct contact with people of influence or position can be made in
order to bring about the location or relocation of businessses to Kerr
County.
COMMISSIONERS' COURT AGENDA REQUEST (~'~
*PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Gordon MorCan
MEETING DATE: April 25, 1991
OFFICE: Commissioners' Court
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consideration of Economic Development
contract with Kerr County Economic Development Foundation.
EXECUTIVE SESSION REQUESTED: YES
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT:
NO
Commissioner Pct. 161
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on second Monday: 12:00 P.M.prevlous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thrusday
THIS REQUEST RECEIVED BY: *G
THIS REQUEST RECEIVED ON : 4/5/91 ~ 10:30 am
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate Information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
CONTRACT
THIS CONTRACT is being entered into on this the ~ day of
~1!JA~1 1991, by and between KERB COUNTY, TEXAS,
("County"), and_ RR COUNTY ECONOMIC DEVELOPMENT FOUNDATION, a
Texas non-profit corporation, ("EDF").
W I T N E S S E T H•
WHEREAS, County has duly established an economic development
program, ("Program"), to stimulate, encourage, and develop business
and commercial location and activity in Kerr County, Texas; and,
WHEREAS, Section 381.004 of
provides that the Program may be
non-profit organization; and,
the Texas Local Government Code
administered by a contract with a
WHEREAS, EDF is a non-profit corporation and has agreed to
administer the Program upon and subject to the terms, provisions,
conditions, and limitations herein set forth;
WHEREAS, EDF has developed a plan, ("Plan"), for the economic
development of Kerr County, Texas; and,
WHEREAS, said Plan has the purpose of promoting the economic
development of Kerr County, Texas, and therefore meets, at least in
part, the purposes of the Program;
NOW, THEREFORE, for and in consideration of the premises and
the mutual covenants and benefits herein set forth, together with
other good and valuable consideration the receipt and sufficiently
of which is hereby acknowledged and confessed, County and EDF agree
that, during the term of this contract, EDF shall supervise and
direct the management and administration of the Program pursuant to
its Plan, as amended hereby and upon and subject to the following
terms, provisions, and mutual covenants:
1. Administration. EDF agrees to administer the Kerr County
Economic Development Program in accordance with the Plan, as
amended herein, and shall comply with the Plan, as amended herein,
and all applicable laws. EDF acknowledged that County funds may
only be expended for the purposes set forth in Texas Local
Government Code, Section 381.004, and this contract. EDF agrees to
exercise its best efforts to carry our and administer the Program.
EDF may not institute any legal actions or proceedings as to the
Program without the prior written approval of the County. All
changes in the Program shall require the prior approval of the
County.
2. Funding. County agrees to pay to EDF up to the sum of
SEVEN THOUSAND AND NO/100 DOLLARS ($7,000.00) for administration of
the Program as hereinafter provided.
3. Term. Subject to termination as herein provided, the
term of this Contract shall be for three (3) years or so long
thereafter as the Plan shall continue, but the funding of the Plan
shall be as herein set forth for the first year by the County, and
any funding thereafter by the County shall require prior approval
by the County. After the initial or first year of the term hereof,
this Contract may be terminated by either party for any reason upon
thirty (30) days' prior written notice to the other party.
4. Disbursements/Reports.
(a) EDF shall receive no fee or compensation for
administration of the Program and the Plan, and all disbursements
shall be in accordance with the Plan. All monies received by EDF
for the Plan from the County shall be deposited by EDF in a bank or
banks to be designated by EDF, with notice to the County of the
name, address, and account number of such bank or banks. EDF,
subject to the terms of this Contract, shall disburse and pay funds
on deposit in such amounts and at such times as the same are
allowed by the provisions of the Plan as modified by this Contract,
including those set forth in the Plan and the budget therefor
submitted to the County, and all excess funds on deposit shall be
disbursed by EDF to the County upon the termination of this
Contract.
(b) On or before the 15th of each month EDF shall
furnish to the County a monthly statement as to receipts, expenses,
and charges for or with respect to the Plan and the funds of the
County. EDF shall maintain books and records reflecting all
receipts, costs, charges, and expenses for and under the Plan. If
requested by the County EDF will cause its books and records to be
audited, and the cost thereof shall be paid by the County unless
such audit discloses a discrepancy of one per cent (1~) or more in
any report or information furnished the County or any failure to
follow the Plan and/or the budget submitted to the County, in which
case EDF will pay the cost of such audit. Such audit will be
performed by auditors selected by the County. EDF shall make its
books and records available for inspection by the County or any
representative of the County who may make copies thereof.
(c) EDF shall not make any disbursement of County funds
not authorized by Texas Local Government Code, Section 381.004, and
this Contract.
(d) All sums due from the County shall be satisfied out
of current revenues only.
5. Default.
(a) In the event either party shall fail to keep,
observe, or perform any covenant, agreement, term, or provision of
this Contract to be kept, observed, or performed by such party,
respectively, and such default shall continue for a period of ten
(10) days after notice thereof by the non-defaulting party, as the
case may be, to the other, then in any such event the non-
defaulting party shall be entitled to terminated this Contract, and
upon any such termination all excess funds on deposit shall be
disbursed by EDF to the County. Neither party shall have any
further right or obligation hereunder, except that the parties
shall continue to be obligated to pay and perform all obligations
which have accrued as of the date of such termination and shall be
liable for any and all damages resulting from any breach or
default.
(b) No delay on the part of either party in exercising
any right, power, or privilege shall operate as a waiver thereof,
nor shall any single or partial exercise of any right, power, or
privilege constitute such a waiver nor exhaust the same, which
shall be continuing. No notice to or demand on either party in any
case shall entitle such party to any other or further notice or
demand in similar or other circumstances, or constitute a waiver of
the rights of either party to any other or further action in any
circumstances without notice or demand.
6. Successors and Assigns. This Contract shall inure to the
benefit of, and be binding upon, the parties hereto and their
respective heirs, legal representatives, successors, and assigns,
provided that EDF may not assign this Contract without the County's
prior written consent.
7. Governing Law. This Contract shall be governed by and
construed and interpreted in accordance with the laws of the State
of Texas and shall be enforceable in, and venue shall be in, Kerr
County, Texas.
8. Notices. Any notice or communication hereunder must be
in writing, and may be given by registered or certified mail, and,
if given by registered or certified mail, same shall be deemed to
have been given and received when a registered or certified letter
containing such notice, properly addressed, with postage prepaid,
is deposited in the United States mail, and, if given otherwise
than by registered, it shall be deemed to have been given when
delivered to and received by the party to whom it is addressed.
Such notices or communications shall be given to the parties hereto
at the addresses set forth herein. Any party hereto may at any
time, by giving ten (10) days' written notice to the other party
hereto, designate any other address, in substitution of the
foregoing address, to which such notice or communication shall be
given.
9. Severability. If any term, covenant, or condition of
this Contract or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Contract or the application of such term,
covenant, or condition to persons or circumstances other than those
as to which it is held invalid or unenforceable shall not be
affected thereby, and each term, covenant, or condition of this
Contract shall be valid and shall be enforced to the fullest extent
permitted by law.
10. Relationship. The parties hereby agree that this is a
contract for the administration of the Program and hereby renounce
the existence of any other relationship. In no event shall the
County have any obligation or liability whatsoever with respect to
any debts, obligations, or liabilities of EDF, and EDF shall have
no authority to bind the County to any contract, matter, or
obligation. No duties of the County are delegated to EDF by this
Contract, and any provision which is or may be held to be such a
delegation shall be of no force or effect.
11. Modification; Termination. This Contract may be amended,
modified, terminated, or released only by a written instrument
executed by the County and EDF, except as herein otherwise
provided.
12. Total Agreement. This Cor
integration of any and all undert
parties hereto and supersedes any pri
promises, or representations betwee
various paragraphs of this Contract
shall not define, interpret, affect,
interpretation of the provisions of
tract is a total and complete
akings existing between the
or oral or written agreements,
them. The headings of the
are for convenience only and
or prescribe the meaning and
this Contract.
13. Date. This Contract shall be considered executed on the
date agreed to or adopted by the Commissioners' Court of Kerr
County, Texas.
COUNTY: EDF:
COUNTY OF KERR KERR COUNTY ECONOMIC
DEVELOPMENT FOUNDATION
By ~~~'~„"~2~ BY~
WILLIAM G. STAGY, County Judge Name
Title
Address: Address:
Kerr County Courthouse
700 East Main Street
Kerrville, Texas 78028
APPROVED AS TO FORM:
/ ' -
DA M. M LEY, County Attorney
/a oo S. G/,\., c- y d3~ /~c--~
i
!ft
CONTRACTS/AGREEMENTS:\EDF\CONTRACf
AMENDMENT TO THE CONTRACT BETWEEN KERR COUNTY
AND THE KERR COUNTY ECONOMIC DEVEOPMENT FOUNDATION
It is the Courts desire and directive that these funds be
expended toward the development and implementation of systems
by Mhich direct contact with people of influence or position
can be made in order to bring about the location or
relocation of businesses to Kerr County.