ORDER NO. 2.='9c'9 AP'P'ROVAL OF CONTRACT DETWEEN i'.ERR COUNTY AND DIET"ERl" CLAIM AND AUTHORIZATION OF THE COUNTY JUDGE'S SIGNATl1RE On this the :5th day of September 1~39~, ~_ipon motion made by Cammissianer-• HaleF with private non--profit argar~i~atians to pravicie s~_~r_h services to the elderly; and WHEREAS, the Dietert Claim {"DIETERT"), a Texas nary-profit corporation, is engaged in the provision of services to the elderly residents of GOUh~ITY; IT IS THEREFORE AGREED that: 1. DIETERT will provide services to the reside~-~ts of COUNTY as follows: a. Retreat i.anal foci 1 it ies anti pr^agrams to COUNTY' S elderly, and b. F'ravidp meals to the indigent elderly of COUNTY. ~. This contr^act is not excl+_-sive, and COUiVI"Y, reser^ves the right to contract with add itionai par^ties for- the provision of any and all services covered by this agreement. ~. DIETERT c+_-r^rently has and shall maintain a policy of liability ins+_-rance in the following minim+_-m amo+_-nts: ~40~, ~~~. O~ per^ acc+_-rr^enc~e F~remises: Fier^sonal In.j+_try 1, -Z++Z-~, 0~C0. ~~ goner^al aggregate Fir^nperty Damage iQ-~, ~~~. O~/~~;0~, ~~~. -Z-O A+_-tomobi le: F~ersonal In.j+_-ry S~G~, w~0-c'-. ~-c'~ A+_-tomabile: F~raperty Damage 4. DIETERT agrees to operate +_-nder a policy of nor+-discr^imi.nation with regard to the provisian of said services. Such palicy shall prohibit discrimir+ation on the basis of race, sex, age, r^eligion, color^, handicap, disability, national origin, language, political affiliation ar^ belief, or^ other-• non-merit factor. Acts of discrimination shall con43tii.+_-te a material breach of this carltr^act. S. DIET"ERT f+_-rther agrees to adopt and maintain a palicy that prohibits sex+_-al har-•assment. Acts of sexual tl~'3Y'a'.a'.iment COn5tltl.lte5 a mater^lal br"4?ciGtl of thls cantract. 6. DIETERT agrees to comply fully with any and all applicable laws, local, state, and f=ederal, regarding work ha+_-r^s, safety, wages, racial-sec+_-r^ity benefits, and/or war^kers' c^ompensation. 1"his c1a+_-se places a d+_-ty to meet the req+_tiremente> of such laws only if the law itself places s+_-ch a ci+_-ty an DIETERT. Acts in violation of any of those laws ar^ ar^dina~lces constitute a material breach of this cantract. TERM 7. The term of this agreement is one (i) year beginning crn October 1, i99 ~ and ending an September ,.:,~, 1996, +_1n1e55 earlier terminated by either party on thirty (3~> days written notice addressed ta: COUNTY: Y.err Ca+_~nty J+_-dge 700 East Main Street I:errv i 1 1 e, Tx 780;x'8 DIETERT: Exec+.-t ive Director, Di etert Claim 617 •Tefferson Street tSerrv i 1 1 e, Tx 7808 CONSIDERATION ~. COUN"fY agrees to pay to DIETERT the ann+_-al s+_-m of ~15,0-D0.00 for the provisian of the services ciescr^ibed above. 9. Upon written req+_-est, payment shall be made on or before Jan+_-ary i, 1996. 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: September 25, 1995 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consideration of contract for the fiscal year 1995/96 between Kerr County and the Dietert Claim Senior Center and authorize the County Jud eg to sign same.. 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: 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. 5:00 P.M. previous Tuesday. 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 WI~REAS, 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 per 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, 1995 and ending on September 30, 1996, 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, 1996_ 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 Ken 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. In other words, books and records of donors who wish to remain anonymous shall not be available for public inspection. 13 14 The Internal Revenue Service non-profit classification of DIETERT is: SOl~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 By: ~`a~ ~~~ Executive Director Date: `'~ ~~ ~ [ Y ~r KERR COUNTY B: ROB A. D ON Kerr County Judge Date: ~~ 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 September 25, , 1995, in Order No. 22929 recorded and filed in ~ a ni f ~ of the Minutes of the Commissioners' Court of Kerr County, Texas. PATRICIA DYE County Clerk Kerr County, Texas Date: September 26, 1995 .., DIETERT CLAIM SENIOR CENTER 617 Jefferson Street Kerrville, Texas 78028 September 18, 1995 The Honorable Robert Denson Kerr County Judge Ken- County Court House Kerrville, Texas 78028 Dear Judge Denson: Enclosed are two signed copies of the proposed Dietert Claim Contract with Kerr County. This contract was considered and approved by the Dietert Claim Board at their regular meeting on September 14, 1995. If you have questions, please contact me at telephone number 792-4044. Sincerely, Bernard W. Bruns Executive Director Mining the Gold of the Golden Years DCGBGT96.XLS Program Equipment Purchases Repairs Subtotal Sales Taxes Staff Training 8~ Meetings Supplies Storage Rental Transportation Subsidy Travel 8 Lodging Lodging Meals Travel Subtotal Utilities Electric Gas Telephone Trash Pickup Water/Sewer Subtotal Volunteer Recognition Expenses Subtotal GRAND TOTAL --~ 1,500 4,000 0 1000 1,600 6,000 1,300 1,300 0 1,000 0 500 400 600 11,000 0 200 200 1,600 600 2,000 13, 000 1,500 5,200 2,000 1,600 23,300 23,300 900 2,600 126,600 122,700 194,000 176,600 Page 3