ORDER NU. c:~:511 AF~F'ROVAL OF COUNTY 5F'ONSORED CONTRACT 4JITH DIETERT CLAIM AND HILL. COUNTRY CRISIS COUNCIL On this the :=,~r-d day of January 1995, upon motion made by Commissianer^ Oehler^, secanded by Commissioner Lehman, the Co~_rr-t ~_~nanimously approved by a vote of 4-0-@, to appr^ove the county sponsor^ed contr^act with Dietert Claim and Hill Co~_intry Crisis Co~_rncil and a~_rthorize the County Judge to sign same. DIETERT CLAIM CONTRACT STATE OF TEXAS COUNTY GF KERR WHEREAS, Kerr Co~_rnt y, Texas ("COUNTY") , a po 1 it ical subdivision of the State of Texas, has the a~_rthor^ity, thr^o~_rgh its county attorney, under^ Section ,?,3.004 of the Local Gower^nmerit Code, to establish, pr^ovide acquire, maintain, canstr^~_~ct, equip, apex^ate, and supervise recreational facilities and pr^ogr^ams far, ttie elderly; WHEREAS, COUNTY has the a~_rthority, under Article X351 (b> of the Texa<.a Revised Civil Statutes, to pr^ovide for^ indigent residents of COUNTY, incluciing the elderly; WHEREAS, COUNTY has the authority to enter into contracts with private non-profit or^ganizations to provide such ser^v ices to the elderly; and WHEREAS, the Dieter^t Claim ("DIETERT"), a Texas non-pr^afit corporation, is engaged in the prevision of services to the elder^ly r^esidents of COUNTY; IT IS THEREFORE AGREED that: 1. DTETERT will pr^avide ser^vices to the r^esidents of COUNTY as follows: a. Recreational facilities zed programs to COUNTY'S elder^1 y, and b. Gravide meals to the indigent elderly of COUNTY. `. This contract is not excl~_rsive, and COUNTY, reserves the right to cor~tr^act with additional par^ties for^ the provision of any and ~~11 services covered by this agreement. 3. DIETERT c+_~rrently has and shall maintain a policy of liability incur^ance in the following minim+_rm amo+_rnts. ~4~k~, 00Qi. ~~- per occ+_rrrence Premises: Personal Injury 1, ~~~, ~~Q~. ~~ general aggregate Property Damage l~k~, ~~-~. ~~/~b~,@O, ~~~. k~~~ Automobile:Personal In.j~_~ry S+Z~, X00. ~~ Automobile:F'roperty llamage 4. DIETERT agrees to oper^ate under^ a policy of non-•discr^imination with r^egard to the provision of said ser^v ices. S+_rch policy shall pr^ohibit discr,iminatior~ on the basis of r^ace, sex, age, r^eligion, color, handicap, disability, national or^igin, language, political affiliation or belief, or^ other non-mer^it factor^. Acts of discrimination shall constitute a material breach of this cont r^act . 5. DIETERT further agr^ees to adopt and maintain a policy that prohibits sexual har^assment. Acts of sexual har^assment constitutes a material breach of this contract. 6. DIETERT agr^ees to comply f+_~lly with any and all applicable laws, local, state, and federal, regarding work hours, safety, wages, social-sec+.xrity benefits, and/or^ wor^ker^s' compensation. This clause places a duty to meet the req+_+irements of such laws only if the law itself places such a duty on DIETERT. Acts in violation of any of those laws or^ or^dinances constit+_rte a mater^ial breach of this cont r^act . TERM 7. The ter^m of this agr^eement is one ti) year^ beginning on Octaber^ 1, 1994 and ending on September^ 3~, 1995, ~_~nless ear^lier^ terminated by either par^ty or thirty (~~D) days written notice addressed to: COUNTY Ker^r Co~_inty J+_~dge 7~+~c~ East Main Street Ker^r-v i 1 1 e, Tx 78~c~~8 DIETERT Executive Dir^ect or^, Dietert Claim 617 Jeffer-•son St. Y.er^r^v i 1 I e, Tx 78~E8 CONSIDERATION 8. COUNTY agr^ees to pay to DIETERT the annual s+_tm of X15, ~c1~'~~. ~~ far the provision of the services described above. 9. Upon wr^itten r^eq+_~est, payment shall be made on or before Jan~_~ary 1, 1995. 1k'~. DIETERT shall s~_rbmit to the Kerr Co+_rnty A+_iditor an ann+_ral financial report itemi-~ing all income and expendit+_rres. 11. No moneys paid to DIETERT shall be expended for any p~_-rpose other than thane specified above. Unless specifically pr^ovided for^ her^ein, no moneys may be expended for^ the pr^ovision of salaries to any person. lc. All books and r^ecor^ds of DIETERT shall be open for^ inspection d~_-r^ing normal business ho~-rs to any member^ of the p~_-blic, the }'.err County A~_iditor, and to s~_-ch persons as may be given that a~_-tharity, in writing, by the Ker^r^ Co~_-nty A~_-ditor or^ the Kerr County Commissioners' Co~_-rt. No clause shall, in any way, be construed to override the pr^ovisions of tfie FedE?T^al p'r^ivacy Act or^ other^ state or^ feder^al law or r^eg~_-lation concerning the disclos~_-r^e of confidential or privacy matters. 1.3. The Internal Revenue Ser'vice non-profit classification of DIETERT is: Federal I. D. 14-16Jb45~ 14. This agr^eement is effective on the date same is exec~_-ted by DIETERT or upon acceptance, by Order of the k',er^r^ Co~_-nty Commissioner^s' Co~_-r^t, whichever' date is later in time. DIETERT Ry:/s/ Executive Director' KERR COUNTY Ry:/s/ Robert A. Denson /t/ Robert ~a. Denson i'.er^r^ County J~_-dge Date: 1/1Cl1995 Date: 1/2.?,/199~ HILL COUIUl"RY CRISIS COUNCIL CONTRACT STATE OF" TEXAS COUNTY OF I',ERR WHEREAS, Ker^r^ County, Texas t "COUNTY") , a poI it ical subdivision of the State of Texas, has the a~_rthority, through its county attorney, under^ Chapter 71 of the "texas Family Code, to provide representation to victims of family violence who are seeking family-violence pr^otective order^s; WHEREAS, the Hill Country Crisis Council, t"CRISIS COUNCIL"), a Texas non-profit cor^poration, is engaged in the provision of s~_rppor^t, counseling, and ottier^ services to victims of family violence, fur^ther- maintains a pr^agram far education and counseling for those who commit acts of family violence, and desir^es to enter^ into a contr^act with COUNTY to pr^ovide certain ser^vices to COUNTY; IT IS THEREFORE AGREED that: 1. CRISIS COUNCIL will pr^ovide ser^vices to the r^esidents of COUNTY as follows: a. Intake and r^efer^r^al ser^v ices fnr^ persons seeking family violence protective orders i=rom the Herr County Attorney's Office, and b. hlaint~-+in a "batter^er^'s inter^vention pr^o gram" designed to counsel and treat those who commit acts of family violence. ~. This contr^act is not exclusive, and COUNTY, r^eser^ves the r^ight to contract wit~-r additional par'ties for' the provision of any and all services cover^ed by this agr-~eement. ~. CRISIS COUNCIL c~_~r^r^ently has and shall maintain a policy of liability ins~_~rance in the following minim~_un amo~_ints: ~1, ~rr0, ~~@. 0@ Premises: Personal In,j~_~ry 4. CRISIS COUNCIL agr^ees to open'ate ~_~nder a policy of non-discr^imiriation with r^egar^d to the provision of said services. S~_tch policy shall pr^ohibit discr^imination on the basis of race, sex, age, r^eligion, color^, handicap, disability, national origin, language, political affiliation oi= belief, or other non-merit factor. Acts of discrimination shall constitute a mater^ial breach of this contract. 5. CRISIS COUNCIL further agrees to adopt and maintain the policy that pr~ot~ibits sex~_~al har^assment. Acts of sexual harassment constit~_~tes a mater^ial breach of this contract. 6. CRISIS COUNCIL agrees to comply fully with any and ail applicable laws, local, state, and federal, regarding work tio+_rrs, saf=ety, wages, social--secur^ity benefits, and/or' wor'kers' compensation. This clause places a d+_rty to meet the r~•equirements of such laws only if the law itself places suct7 a d+.rty on CRISIS COUNCIL. Acts in violation of any of those laws or ordinances constit+_rte a material breach of this contract. TERht 7. The term of this agreement is one (1) year beginning on October 1, 1994, and ending on Se ptember~ .sQi, 1995, +_+nless ear-~lier terminated by either par-ty on thirty (30) days written notice addressed to: COUNTY: CRISIS COUNCIL: Kerr Ca+_~nty J+_rdyt President, Hill Cauntr^y 70k~ East Main Street Crisis Council Kerr'v i 11 e, 7'x 7©~ 8 F'. O. Pox 1817 Ker~rv i 11 e, Tx 7BOC8 CONSIDERATION 8. COUNTY agrees to pay to CRISIS COUNCIL the ann+_~al s+_im of ~1,50~.~~ for the provision of the services described above. 9. Upon written request, payment shall be made on or before Jan~_iary 1, 1995. 10. CRISIS COUNCIL shall submit to the Kerr^ County A~_iditor an ann~_ial financial report itemizing all income and expendit+_rres far the period covered by this agreement. CRISIS COUNCIL shall also submit to the i-:err Ca+_rnty A~_iditor an annual report which states the total number, of individ+_tals interviewed for family-violence pr,o~:ective orders and the n+_imber of individuals who attended the "Patter~er's Inter,ventian Program", incl+_~ding therewith the n+_~mber of individ+_rals referred to the program by the co+_~rt. 11. No moneys paid to CRISIS COUNCIL shall. be expended for any p+_rrpose other, than those specified above. Unless specifically provided for herein, no moneys may be expended for, the provision of salaries to any person. 1`. All books grid records of CRISIS COUNCIL shall be open far inspection d+_~ring normal b+_rsiness Hours to any member- of the public, the N.er,r° County Auditor, and to such per••sons as may be given that authority, in writing, by the F'.err Co~_+nty Auditor or the F'.err County Commissioners' Co+_~rt. No cla+_~se shall, in any way, be construed to override the provisions of the Feder^al Privacy Act or other state or federal law ar r,eg+_ilation concerning the disclos+_~re of confidential or privacy matters. iS. 7'h~~ Internal Reven~_~e Service non-profit C1ass1flCat lon of CRISIS COUNCIL is: 5~1 (c) (,?,) Federal I.D. 74-c416819 14. This agreement is ef=fective on the date same is exec~_~ted by Order of the t~:err Co~_inty Commissioners' Court, whichever date is later, in time. CRISIS COUNCIL KERR COUNTI' Py:/s/ John hliller, Jr,. ay;/s/ F~resident /t/ Robert A. Denson Kerr Co~_tnty Judge Date : 1--~c~9-95 Date : 1 /'c::~i 1995 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Robert A. Denson OFFICE: County Judge MEETING DATE: January 23, 1995 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Approve County Sponsored Contract with the following and authorize the County Jud e~ to sign same. Dietert Claim Hill Country Crisis Council EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. DIETERT CLAIM CONTRACT STATE OF TEXAS COUNTY OF KERB WHEREAS, Kerr County, Texas ("COUNTY"),apolitical subdivision of the State of Texas, has the authority, through its county attorney, under Section 332.004 of the 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 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 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: $400,000.00 der occurrence $1,000,000.00 general aggregate $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 on 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 constitutes 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. TERM 7. The term of this agreement is one (1) year beginning on October 1, 1994 and ending on September 30, 1995, unless earlier terminated by either party on thirty (30) days written notice addressed to: COUNTY: Kerr County Judge 700 East Main Street Kerrville, Texas 78028 CONSIDERATION DIETERT: Executive Director, Dietert Claim 617 Jefferson Street Kerrville, Texas 78028 8. COUNTY agrees to pay to DIETERT the annual sum of $15,000.00 for the provision of the services described above. 9. Upon written request, payment shall be made on or before January 1, 1995. 10. DIETERT shall submit to the Kerr County Auditor an annual financial report itemizing all income and expenditures. 11. No moneys paid to DIETERT shall be expended for any purpose other than those specified above. Unless specifically provided for herein, no moneys 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. No clause shall, in any way, be construed to override the provisions of the Federal Privacy Act or other state or federal law or regulation concerning the disclosure of confidential or privacy matters. 13 14 The Internal Revenue Service non-profit classification of DIETERT is: SOI~c)(3) Federal LD. 74-1656450 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 Executive Director R -. Date: KERR COUNTY s: ROB i A. L7r~VSON Kerr County Judge Date: ~ 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 1994, in Order No. 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: