t]RI3LR NO. x:16 ~3-A
ARF'ROVAt_ OF CQh~~TRACTS WI~('H ENTITIES RECEIVING FUNDS
FROI~i F<ERR COUNTY AND AUTHOrZIZi~l'ION or- THE .7UDGE' S aTGNA"SURE
Ors this the c6th day of Octot,Fr 1993, ~_rpon motion made by
Commissioner Holekamp, seccorideci by Commissioner Lackey, the
Co~_~rt unani~ously approved by a vote of 4-0-0, to approve the
contract with Elm 1=~ass Vol~_~nteer Fire Department, T~_rrtle
Creek Vol~_rnteer, Fire Department, Comfort Vol~_rnteer Fire
;~epartment, h'.-Star, Kerr County Christian Action Co~.rncil,
Dieter~t Claim, And CRSA ~_t~.rthori~ing the Co~_rnty 3~_rdge's
s i gnat ~_tre.
COMM 1 SS I Oh1ERS' COURT ACE~IDA~REt~UEST
PLEASE FiJRNiSH	ONE ORIGINAL	AND FIV	E C(~PIES~ OF THIS REQUEST AND
DOCUM	ENTS TO BE RE	V { E1NE~	BY THE COURT
MADE BY: County Judge
OFFICE:
MEETING DATE: October 26, 1993
TIME PREFERRED:
SUBJECT: (PLEASE 6E SPECIFIC) Approve contract with entities receiving
Funds from Kerr Count and authorize the county judge to sign same. (Comfo~;t VFD, Turtle
Craek VFD, Elm Pass VFD, K'Star, CASA, Dieter Claim and Christian Action Council
EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
EST 1 MATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:~ Count Judge
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : c~
Ail Agenda Requests w 111 be screened by the County Judge's Ottlce to determine 1 r
adequate information has been prepared for the Court's format consideration and actior
at time of Court meetings. Your cooperation will be appreciated and contribute toward:
your Tequest being addressed at the earliest opportunity. See Agenda Reques~
G~,delines.
DIETERT CLAIM CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, ("COUNTY"),apolitical subdivision of the State of Texas, has
the authority, under Section 332.004 of the Texas Local Government Code, to establish, provide,
acquire, maintain, construct, equip, operate, and supervise recreational facilities and programs for the
elderly;
WHEREAS, COUNTY has the authority, under Article 2351 (b) of the Texas Revised Civil
Statutes, to provide for indigent residents of COUNTY, including the elderly;
WHEREAS, COUNTY, has the authority to enter into contracts with private non-profit
organizations to provide such services to the elderly; and
WHEREAS, the Dietert Claim, ("DIETERT"), a Texas non-profit corporation, is engaged in the
provision of services to the elderly, desires to enter into a contract for the provision of certain
services to the elderly residents of COUNTY;
IT IS THEREFORE AGREED that:
1 . DIETERT will provide services to the residents of COUNTY as follows:
a Recreational facilities and programs to COUNTY'S elderly; and
b. provide meals to the indigent elderly of Kerr County.
2. This contract is not exclusive, and COUNTY reserves the right to contract with additional parties
for the provision of any and all services covered by this agreement.
3. DIETERT currently has and shall maintain a policy of liability insurance in the following
minimum amounts:
1
$400.000.00 tier occu.rence
$1.000.000.00 general aggrg,9ate _
$100.000.00/300.000.00
$50.000.00
Premises: Personal Injury
Property Damage
Automobile: Personal Injury
Automobile: Property Damage
4. DIETERT agrees to operate under a policy of non-discrimination with regard to the provision of
said services. Such policy shall prohibit discrimination of the basis of race, sex, age, religion,
color handicap, disability, national origin, language, political affiliation or belief, or other
non-merit factor. Acts of discrimination shall constitute a material breach of this contract.
5. DIETERT further agrees to adopt and maintain a policy that prohibits sexual harassment. Acts of
sexual harassment constitute a material breach of this contract.
6. DIETERT agrees to comply fully with any and all applicable laws, local, state, and federal,
regarding work hours, safety, wages, social-security benefits, and/or workers' compensation.
This clause places a duty to meet the requirements of such laws only if the law itself places such
a duty on DIETERT. Acts in violation of any of those laws or ordinances constitute a material
breach of this contract.
7. The term of this agreement ends on September 30, 1994, unless earlier terminated by either
party on thirty (30) days' written notice addressed to:
~~~ DIETERT CLAIM:
William G. Stacy 6inela d. Rarl4°~' /,'~CL2i e ~~-'~ T
County Judge, Kerr County, Texas Executive Director
700 East Main Street 617 Jefferson
Kerrville, Texas 78028 Kerrville, Texas 78028
8. COUNTY agrees to pay to DIETERT the annual sum of $12,000.00 for the provision of the
services described above.
9. Payment shall be made on or before January 1, 1994.
2
10.
DIETERT shall submit to the Kerr County Auditor an annual financial report itemizing all
income and expenditures.
1 1 . No monies paid to DIETERT shall be expended for any purpose other than those specified above.
Unless specifically provided for herein, no monies may be expended for the provision of salaries
to any person.
12. All books and records of DIETERT shall be open for inspection during normal business hours to
any member of the public, the Kerr County Auditor, and to such persons as may be given that
authority, in writing, by the Kerr County Auditor or the Kerr County Commissioners' Court.
13.
14.
The Internal Revenue Service non-profit classification of the DIETERT is:
This agreement is effective on the date same is executed by DIETERT or upon acceptance, by
order, of the Kerr County Commissioners' Court, whichever date is later in time.
DIETERT CLAIM
By:X ~ ~r/~a~J ham, n.~
Executive Director
Date /D - / 9 - 9
KERB COUNTY, TEXAS
By:
William G. Stacy
Kerr County Judge
Date October 26. 1993
3
CLERK'S CERTIFICATION:
I, PATRICIA DYE, County Clerk of Kerr County, Texas, certify that the above agreement was
accepted and agreed to by the Commissioners' Court of Kerr County, Texas, on October 26,
1993, in Order No. 21653 recorded and filed in Volume .Page
. of the Minutes of the Commissioners' Court of Kerr County, Texas.
PATRICIA DYE
County Clerk
Kerr County, Texas
Date: October 27, 1993
4