QRDER NCI. 2c9c.8 APRRdVAL_ dF CONTRACT FOR THE 1994/199..', BETWEEN KERF2 COUNT"Y AIVD N,ERR COUNT"Y CI-iRISTIAN ACTION COUNCIL TNC., DAA "fHE 'fALLEY i-IILL COUNTRY MATERNITY NOME AN,A 'THE TALI_EY HOUSE On this the ~:'Sth day of September 1995, ~_rpnn motion made by Commissioner Hole! WHEREAS, Kerr Cotmty, "texas i"COUNTY"), a political s~..tbdivision of the State of Texas, has the a~..tthnrity, through its Co~_rnty Attorney, under Article c:;51, Sec. E of the "texas Revised Civil Stat-~_tes, to provide for the indigent residents of COt1NTY; WHEREAS, COUNTY has the authority to enter into contracts with pr^ivate or' public entitles for^ the provision of service~a to such indigent residents; and WHEREAS, the Y.err Cur.inty Christian Action Council, Inc., doing business as the "falley House, ("KCCAC">, a Texas non-profit corporation, is engaged in the provision of s~_rpport and care of pregnant women who arc~+ ~_tnable to s~_rpport themselves, desires to enter into a contract for the provision of s~_rch services to the residents of COUNTY; IT IS THEREFORE AGREED that 1. KCCAC will pravi.de services to the resident of CdtJNTY as follows residentital care, ho~_tsing, food, and clothing to indigent r^esidents who are pregnant and tmablc: to s~_tpport themselves: -. "this contract is oat excl~_tsive, and COUNTY, reserves the right to contract with additional parties for' L-he provision of any and a7.1 services covered by this agreement. 3. Y.CCAC aurr•t>ntly has and shall maintain a policy of liability insurance in the fol.lowitrg minimum amounts: S l ~t~, k S~k7. 0V~ .r"l~, 0k-YQI. lid? Premises: Personal In.ji_try Property Damage k. KCCAC agrees to operate under a policy of non-discrimination with regard to the provision of said services. S~.ach policy shall prohibit discrimination on the basis of race, sex, age, religion, color, handicap, disability, national or•iyin, langu~aye, political affiliation or belief, nr• other rrvta-merit factor. Rots o'F discrimination shall constittate a material breach of this contract. 5. KCCRC f~_trther agrees to adopt and maintain to policy that prohibits sex~.tal. harassment. Acts of sexual t-iarassment constitutes a material breach of this contract. 6. KL'CRC agrees to comply fully with any and all applicable laws, local, state and federal, regarding worl< hot.tr.>, safety, wages, snc_iai-sec~_trity benefits, and/or workers' compensation. 'This cla~.tse places a duty tv meet the requirements of such laws only if the law itself places s~.xch a d~_tty on KCCRC. Acts in violation of any of those laws or ordinances cnrrstitute a material breach of this contract. TERM 7. The term of this agreement is October 1, 1994 and ending on earlier terminated by either written notice addressed to: one (1) year beginning nn September ~, 1995, i.tnless party nn thirty (30> days COUNTY: Kerr County Judge 7~Q East Main Street Ierrville, Tx 78+Z~~8 CONSTDERATIDN KCCRC: President, KCCAC 8~9 Ear'1 Garrett Street Kerrville, Texas 780c:8 8. COUNTY agrees to pay to KCCAC the ann~_tal sctrn of E2,F+Q+id.O@ for the provision of the services described above. 9. Upon written req~_test, payment shall be made on or before .Jan~_tary 1, 1995. ikt. t:CCRC shall submit tv the Kerr County Rud financial report itemi'~iny all income and for the period covered tag this agreement. also s~_ihmit to L-he Kerr Co~.rnty A~_iditor an which states the total n~_tmber- of indigent provided services ~_tnder this contract and that were provided. it or an annual expenditures KCCRC shall ann~_tal report woolen that were the services ii. No moneys paid to KCCAC sha11 be expended far any purpose other than those specified above. Unless specifically provided far herein, no moneys may be expended 1'or the provision of salaries to arty person;. 1'~. All books Band records of KCCAC shall be aperT for inspection d~_rring normal b~_rsiness hours to any member- of the p~..tbiic, the I;err Co~_mty R~_rditar', and to s;.rch persons as may be given that a~_rtharity, in writing, t7y the Kerr Ca~_rnty Auditor or the Ker-r- Co~_inty Commissioners' Court. IVo clacrse shall, in any way, be construed to override the provisions of the Federal Privacy Act or' other- state or' federal law or r°egulatian concerning the disclcrs;_tre of confidential or privacy matters. 13. For the purposes of this contract, an indigent person is one whose total income and reso~..rrces are at or below the federal poverty level. 14. In the event COUNTY brings suit for breach of this contract, KCCAC sha11, if found liable PUT' S4lch br°each, pay all r_osts a<.>sociated with the prosecution of such action, including court costs, expenses, and reasonable attorneys' fees. 15. The Inter^nal Revenue Service non-profit classification of KCCAC is: Ski tc) t'') 16. This agreement is effective an by KCCAC or- upon acceptance, by Cnmmissioners' COIArt, whichever KCCAC: By:/s/ John C. Worcien President llate: September 15. 1445 the date same is executed Cinder of the Kerr County date is later in time. KERR COUNTY Ry:/s/ F2obert A. Denson /t/ Robert p. Denson Kerr Coi.rnty Judg Date: September c,5. 1495 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 mar 1994/95 between KetT Counter and the Talley Hill Country Maternity Home and authorize the County Jud ep 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: 5:00 P.M. previous Tuesday 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. Kerr • ~W i'~f i1M ~ County`^~'1, ~~~,666~~ 1IJJ Nsiv r~~~ ///~OUnCI~.~ Crisis Pregnancy Center • Talley House Maternity Home September 15, 1995 The Honorable Bob Denson, Judge Kerr County Commissioner's Court Kerr County Courthouse Kerrville, TX 78028 Your Honor, Please review the enclosed recently signed contract for indigent care services provided free of charge to homeless, pregnant women in Kerr County by the Ken• County Christian Action Council, Inc. d.b.a. The Talley Hill Country Maternity Home a.k.a. The Talley House at 829 Earl Garrett Street in Kerrville. We respectfully request reimbursement for services already provided. During the fiscal year 1993-94 beginning October 1, 1993 and ending September 30, 1994, The Talley House provided residential care for ten women as they awaited the birth of their child over a total period of more than 1,100 resident days. Most were enrolled in school. Qnly two were employed, one part-time and one full-time, both at minimum wages. In the fiscal year 1994-95 to date, we have served fifteen residents. The home is licensed to care for six clients at one time. Thank you for your consideration. Sincerely C. ~ John C Worden, President The Board of Directors 829 Earl Garrett P.O. Box 1832 Kerrville, Texas 78029 210-257-2166 (Appointments & Hotline) • 210-257-2188 (Director) RERR COIINTY CHRISTIAN ACTION COIINCIL~ INC. FINANCIAL STATEMENTS DECEMBER 31, 1994 JACK ISBELL CERTIFIED PUBLIC ACCOUNTANT 838-J SIDNEY BAKER KERRVILLE, TEXAS 78028 Board of Directors Kerr County Christian Action Council, Inc. Kerrville, Texas I have reviewed the accompanying statement of financial position of Kerr County Christian Action Council, Inc. (a non-profit corporation) as of December 31, 1994, and the related statements of activities, functional expenses, and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued bX the American Institute of Certified Public Accountants. All information in- cluded in these financial statements is the representation of the manage- ment of Kerr County Christian Action Council, Inc. A review consists principally of organization, personnel, and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, I do not express such an opinion. Based on my review, I am not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Vf~ JA ISBELL, CPA Y 14, 1995 KERB COUNTY CHRISTIAN ACTION COUNCIL INC. STATEMENT OF FINANCIAL POSITION DECEMBER 31, 1994 ASSE S Cash $ 25,054 Other Assets 135 Plant and Equipment: Leasehold Improvements $ 4,258 Equipment 2,496 Less: Accumulated Depreciation (986j 5,768 TOTAL ASSETS $ 30,957 LIABILITIES AND NET ASSETS Liabilities: Accounts Payable $ 3,216 Accrued Expenses 1,135 TOTAL LIABILITIES ~; .~3'~ Net Assets Unrestricted $ 25,946 Board Designated for Improvements 660 26,606 TOTAL LIABILITIES AND NET ASSETS $ 30,957 See Accompanying Notes and Accountant's Reports -2- KERB COUNTY CHRISTIAN ACTION COUNCIL. INC. STATEMENT OF ACTIVITIES For the Year Ended December 31, 1994 UNRESTRICTED NET ASSETS Support Revenue: Contributions Special Events Grants Other Total Support Revenue EXPENSES• Program Services $ 35,391 Supporting Services Administrative and General 14,117 Fund Raising 3,988 Net Increase in Unrestricted Net Assets NET ASSETS BALANCES AT JANUARY 1. 1994 Unrestricted 21,654 Board Designated 660 NET ASSETS AT DECEMBER 31 1994 $ 37,016 14,099 2,000 4,673 ~~ 53,496 4,292 22,314 $ 26,606 See Accompanying Notes and Accountant's Report -3- KERR CO UNTY CHRI STIAN ACTION COUNCIL. IN C. STATEMENT OF FUNCTIONAL EXPENSES For the Year Ended December 31, 1994 Sunnortina S ervices Program Administrative Fund Services ~ General Raisins Total Advertising $ $ 1,818 $ $ 1,818 Auto 1,185 1,185 Banquet 1,485 1,485 Repairs & Maintenance 2,157 2,157 Cable TV 256 256 Contract Services 140 500 640 Donations 30 30 Dues & Subscriptions 425 425 Electricity 3,362 3,362 Food & Supplies 6,492 6,492 Gifts 418 418 Insurance 1,089 750 1,839 Office Expense-CPC 1,461 258 1,719 Office Expense-Other 229 229 Postage 497 745 1,242 Printing 984 1,500 2,484 Salaries 14,211 4,859 19,070 Staff Training 722 722 Supplies 1,339 1,339 Payroll Taxes 1,060 372 1,432 Telephone 1,346 876 2,222 Trash Removal 173 173 Travel 890 890 Water & Sewer 664 664 Depreciation 312 180 492 Miscellaneous 532 179 711 $35,391 $14,117 $ 3,988 $53,496 rasece co.ceoc caocogv eee~oa~ See Accompanying Notes and Accountant's Report -4- KERR COUNTY CHRISTIAN ACTION COUNCIL, INC. STATEMENT OF CASH FLOWS For the Year Ended December 31, 1994 CASH FLOWS FROM OPERATING ACTIVITIES: Increase in Net Assets $ 4,292 Adjustments to Reconcile Increase In Fund to Net Cash Provided bx Operating Activities: Depreciation 492 Decrease in Other Assets 113 Increase in Accounts Payable 2.328 Increase in Accrued Expenses 289 NF.T CASH PROVIDED BY OPERATING ACTIVITIES_ AND NET INCREASE ZN CASH 7,514 Beginning cash at January 1, 1994 17,540 ENDTNG CASH AT DECEMBER 31 1994 $25,054 See Accompanying Notes and Accountant's Report -5- KERR COUNTY CHRISTIAN ACTION COUNCIL INC. NOTES TO FINANCIAL STATEMENTS December 31, 1994 Note 1-Nature of Activities and SumIDarv of Significant Accounting Policies Nature of Activities- The Kerr County Christian Action Council, Inc.(the Organization) operates both the Kerrville Crisis Pregnancy Center and the Elsie Talley Hill Country Maternity Home at 829 Earl Garrett Street in Kerrville. The Crisis Pregnancy Center provides walk-in office hours and a 24 hour a day Crisis Telephone Hotline for information, counsel and referrals to those at risk of pregnancy. The Talley House Maternity Home provides residential care for up to six expectant mothers at a time. Financial Statement Presentation- The Organization has elected to adopt the Statement of Financial Accounting Standards (SFAS) No. 117, Financial Statements of Not-For-Profit Organizations, early. SFAS No. 117 provides for the use of the designation "Net Assets" in place of "Fund Balances". Also, in accordance with SFAS No.117 the organization has discontinued the use of the fund accounting method. Contributions- Contributions are recongnized as Support Revenue when received. The Organization has not elected to adopt early the requirements of SFAS No. 116 which requires recognition of income upon receipt of a promise to give (pledge), SFAS No. 116 does not become effective for the Organization until 1995. F~uipment and Leasehold improvements- The organization records equipment purchased and leasehold improvements at cost. These assets are depreciated over their economic life using the straight-line method. The estimated life of the equipment is 5 to 10 years and 30 years for leasehold improvements. income Taxes- The Organization is a not-for-profit organization exempt from income taxes under Section 5oi (c)(3) of the Internal Revenue Code. Note 2-Leasing Arrangements The Organization presently leases its facilities annually for a nominal amount. Note 3-Related Partv Transactionq As of December 31, 1994, the Company had accrued $1500 in amounts owed to a Board Member for his out-of-pocket costs associated with a Print Project. This amount is reflected as a part of the Ac- counts Payable balance at December 31, 1994. The Organization periodically reimburses Officers and Board Members for other out- of-pocket expenses not considered to be material for the year then ended. See Accountant's Report -6- IT~-~ K:xN COUNTY LHkt S71 a'J ACTION C+ (Q~,v. ,L~ BU UG[T STATE NE bi }}JJ~~ ~1~ ~ fUk TnE SEVEN NON IM1 EN UEU 7/3 l/9D o ~ q'' ~~i CUkkENT PCT Y-T-O VCT tlUJecT X tlUT VAkLANCE INC ONE CON TkIeU II ONb 1x416.43 9tl.tl 16x173.12 xS.3 25x000.00 64.7 nrn26.aa SPECIAL EVENTS-tlA NV UET .00 .0 50.00 .3 1Sr000.00 .3 L4 xY SC.00 _ _ _ REIMtlUR SENENT_S - _ __ __ __ __.00 _, .0_ _ ___ __ -_!tl9_.92_ LA _.___ _ __ 25'J. JO _ 76_.0 _ __ bO.Otl TRA INLNG INCOME .00 .U .OU .0 250.00 .0 250.00 Gk7. NTS .00 .0 500.00 2.6 2x000.00 25.0 LxS 00.00 ~__ $PECI AL EVEMT S-NA LR fDR _LI FE__ __ _ .00 .0 _, Lxe34.70 _ 9.7 3L000.00 _61.2 _ _Lrlo5.30 PKI NT SALES .00 .0 1tl0 .00 .9 1Lx000.U0 l.b L0x920.00 INTEREST IrvCO NF. 17.00 l.2 36.06 .2 .OC .0 3E.Ue- TOTAL SN CONE 1x433.43 100.0 ~ 1Br9e3.B0 IOO.O~a Sb x500.00 33.6 0 37 x536.20 a ~_- _-- -__ _._ _. __ ''. EXV ENUITUKES AUV EkT IS[NG 7L55 5.0 570.69 3.0 600.00 9e 4 23.3t ~ii AUV ER TISING - YELLON PAGES ~ 18.85 1.3 495.77 Z.b 875.00 50.7 37Y .2S AUTO N[L EAGE 196.45 10.2 1x072.14-- 5.7 _ _ 800.00 13h .0- _ _ 272.14- tlLUG REPAIR C MAINTENANCE .00 .0 176.92 .9 1x200.00 L4.7 1x023.08 CON TRItlUTI0N5 .00 .0 .00 .0 250.00 .0 250.00 ' VUCS G SUtlSCRIPTI0N5 .00 .0 00 .0 __ 475.00 .0 _ __ 475.00 ~ ~ ELEC TRLGITY 215.71 15.0 trb77. 34 B.tl 3rS D0.00 47.9 1r822.eb ENTEkTA INNENT t PxONOTION .00 .0 237.bB 1.3 150.00 158.5 tl7.etl- F000 G SUPPLIES 450.19 31.y 4x323.56 _ 22•B __ 6x000.00 72.1 LxbIb.44 ~ - fUK N/H XTURES REPAIR E MAINT. .00 x0 34tl.43 l.tl 100.00 348.4 24tl.43- __ GIFTS .00 .0 _ .00 .0 100.00 •0 100.00 LNS UNANC E-G EN ERAt LIAtlILITY J .00 .0 Y50.00 5.0 1x250.00 76.0 _ __ _ _ ~30C .00' I '; ` LAM ALE CLASSES .00 .C 4i.00 .2 .00 .0 45.00- LAYETTES ~~ .00 •0 .00 .C 1x000.00 .0 1x0 6 U.OV LEGAL L PROFESSIONAL fEES 430.00 30.0 430.00 2.3 __ _ 400.7/x -T6T.-i _ . _ _ _ _ ~ 36700= - ~ ~ LICENSES G FEES .UO .0 e2.00 .3 .00 .D e2.00- AENSLETTER .00 •0 174.tl7 .9 1x600.00 10 .Y 1x425.13 OfF tCE Ek PEffS E-CPC .00 .0 _ Is0[6 AL 5.4~ _ ~ LrB00.0U 50.4 7n 1.~ Ofi-IG'c ERPE NS E-KLCAC .00 .0 615.95 3.2 260.00 308.0 415.95- PR1YT PKUJECT COSTS .00 .C .00 A 4.000.00 .0 4x000.00 _ - POSTAGE ~ 68.54 4•B _ -~ 465.20 2.5 1r000~. 0 46.5 _ 534.80 ~- - '~ PRINTING .00 .O 345.90 1.8 1x400.00 24.7 1x054.10 _ _ SAL Ak7ES 1.511.00 105.9 _ 10x717.50 56.5 22x100.00 48.5 21 r3tlL 50 ' SEK YICE CNARG ES 7.73 .5 i5.7U .l .UO .U _ _ _ _ 15.70- - ' STAFF TRAIN ING .00 .0 495.00 2.6 1r00J .GC 4Y.S SOS .00 -_ SUV PL [c'S _ __ 2b6.tl9 ld.b __ 410.23 2.Z Lx200. U0 34.2 1tl9.77 TAX EXPENSE-P AY ROII @@``~~.'' Q~~ L15.60 B.1 819.1tl 4.3 1x700.00 4tld tln0.22 - TELEVNONE-T AL tEV HOUSE y7P'N eVu~- 50.68 3.5 264.64 1.4 200.00 132.3 64.64- _ / _ TEL EVNON E-CPC ~„ } L _ .27Y .02 19.5 -_ 1x272.51 e.7 1 x460.00 90.9 I27.49 _ TRA Sn kEMOV AL r. UU MP FEES 16.75 1.2 ~ 130.50 __ _ .7 _ _ - 1tl 0.00 _ _ ~ 12.6 __ _ _ _ _ _ - 49.rv ' iV-CA CLE .00 .0 17Y.4S .9 3L0.00 69.8 12 C. SS TRAVEL .00 .0 .00 .0 1s000.UU .0 1rU0~.0U GHKIST SA;~ ACT (Cn yuY VAK IANC£ _ CCU;~TY nEKK eup++EY STAVE ENOEO Tf3tl4h BuUGEi_ ;_ _ _ ruK THE SEVEN NONTNS Y'T_0 YCT_ __ -__ IGO.Id CUKR£NT _ _.pCT __~ _ _ bZ1.00 p9.2 Ltl.bh l.4l '~ ___ _ - . -_._-~-- 22 -- 2.3 429. 00 _- bCO_ 49.2 ° _ 23 4s 884. _-- _ "--" ~ --~ 4.2 --_ bU.iq lbb.3-°_-_ 27.7=8_0~." ~ _ Sa. -.~ lOp.00 V 784• _~ tt tl. - _ -_ _ _ _ __ _ _- UR£~ z 704~ 250.0 _ - }_as 8.70q.2 ~ ~ 56.UJ_ EXY EN~ NEK - - __-HAY EK n $ NO CTUKE_ -- TAl £%PE 3r ~ C58.0..ca 21b.2T ~ .00 = ~_ _ __. -- 50.00 ° _ - - ER EXP. OFIT/L - _" 2r .~ _50'~ 0 2 -__ -~ti.23 c e. PR r .0 ~~~ - _ - n .3 50.00 ~~ ~ :~0 q. u _ ~ E OME 0.N4CONT iNy ENGY ER INC _ 5/ r .00 q 8i83b.23' - - _ C L E OTH HS~LANE00 ---" 4T HER 1 8.8sn b.2 ~ - ~- ~ - " _--_ _" _ _- TpTpt 2.2 _ _~ £ OR£ ._ _..~ ,.. _ LORE- XP _ _~~' . -"- ~ _-_ _ _ _ _~ r ~ ~~- ~ ~ ~ ~~ ~ ~ _ ~ -~ _~' - -f -~ _ _- 4 e _ ~'" "~ _ - -~ -~ _ _ -_ _ _ NE NN COUNTY CHNISTl A:1 >G 7[ON tlu OGET STATE MtNT FUH THE SEVEN MONTHS E!lOEU 7/31/95 CUKK EIJT PCT Y-T-U YCT CU UGET ; 9uT VAK LANCE _ EXY ENDITURES NATEK L SENEK -- --- -- - -- ---- 6U. 74 _ _-4. L- ~--- - 429.22- ---2.i bZJ .JO a9.2 190.7d TD TAL EXPEND [TU KE 3r7 U9.7U 25tl. B-a 27r 7htl .03 14e .3-a 5er4C0.OG 49.2 a Ltlrb5 1. v7 a PROFIT/LOSS AFTEN EXP• 2.276.27- 15 tl.tl-aa tlr784.23- 46.3-ss 1C0.00 7tlh.2 as tlrtltlh .23 as i ~ OTHER i7JCOME ANO EXPENSE ~ NISCE LL AN EDUS/C ONTINUENCY .00 .0 50.00- .3 AO .u SO.UJ ! TDTAL OTHER I L E .00 .0 a 50.00- .3 f .00 .0 i 50.00 a - ~ NET INCOME-EX PE NUITURE- 2.276.27- 158. tl-aa - tlrtl34.23- 4b.6-aa ~~ tl3h .2 as tlr~4.2 aa- -- ~_.. r Lr 1 ~-- i i .~ i-_- - KERR COUNTY CHRISTIAN ACTION COUNCIL. INC.. CONTRACT STATE OF TEXAS COUNTY OF KERR WHEREAS, Kerr County, Texas ("COUNTY"),apolitical subdivision of the State of Texas, has the authority, through its county attorney, under Article 2351, Sec. 6 of the Texas Revised Civil Statues, to provide for the indigent residents of COUNTY; WHEREAS, COUNTY has the authority to enter into contracts with private or public entitles for the provision of services to such indigent residents; and WHEREAS, the Ken County Christian Action Council, Inc., doing business as the Talley House, ("KCCAC"),. a Texas non-profit corporation, is engaged in the provision of support and care of pregnant women who are unable to support themselves, desires to enter into a contract for the provision of such services to the residents of COUNTY; IT IS THEREFORE AGREED that: 1. KCCAC will provide services to the resident of COUNTY as follows: residential care, housing, food, and clothing to indigent residents who are pregnant and unable to support themselves: 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. KCCAC currently has and shall maintain a policy of liability insurance in the following minimum amounts: $100.000.00 Premises: Personal Injury $50.000.00 Property Damage 4. KCCAC 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. KCCAC further agrees to adopt and maintain a policy that prohibits sexual harassment. Acts of sexual harassment constitutes a material breach of this contract. 6. KCCAC 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 KCCAC. 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 KCCAC: President, KCCAC 829 Earl Garrett Street Kerrville, Texas 78028 8. COUNTY agrees to pay to KCCAC the annual sum of $2,000.00 for the provision of the services described above. 9. Upon written request, payment shall be made on or before January 1, 1995. 10. KCCAC shall submit to the Kerr County Auditor an annual fmancial report itemizing all income and expenditures for the period covered by this agreement. KCCAC shall also submit to the Kerr County Auditor an annual report which states the total number of indigent women that were provided services under this contract and the services that were provided. 11. No moneys paid to KCCAC 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 KCCAC 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. For the purposes of this contract, an indigent person is one whose total income and resources are at or below the federal proverty level. 14. In the event COUNTY brings suit for breach of this contract, KCCAC shall, if found liable for such breach, pay all costs associated with the prosecution of such action, including court costs, expenses, and reasonable attorneys' fees. 15 16. The Internal Revenue Service non-profit classification of KCCAC is: 501(c)(3) #74-2352222 This agreement is effective on the date same is executed by KCCAC or upon acceptance, by Order of the Kerr County Commissioners' Court, whichever date is later in time. KCCAC: Bv~X.IM1.~• 4~/9~ President Date: ~ J KERB COUNTY B ~----- ROBE A. DENSON Kerr County Judge Date: September zs, 1995 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 ~T,+P,i,rp,- ~~, A95 in Order No. 22928 recorded and filed in ~ as manifest of the Minutes of the Commissioners' Court of Kerr County, Texas. PATRICIADYE County Clerk Kerr County, Texas Date: September 26, 1995 " ~. ~..