ORDER NO. ~365~' APRROVAL OF CONTRACT BETWEEN I'.ERR COUNTY AND DIETERT CLAIh~ On this the 15th day of October 1996, upon motion made by Commissioner' I-ioleltamp, seconded by Commissioner' Oehler^, the Cour^t unanimously approved by a vote of 4-0-0, the contract between Kerr Co+_cnty and Dietert Claim for the f7.5Ca1 year 1996/97 and a~_cthari~e the Co+_cnty J~.sdgta to sign same. DIETERT CLAIM GONTRACT STATE OF TEXAS COUNTY OF KERB ~ WHEREAS, Ker^r^ Co+_-nt y, Texas ! "COUNTY") , a pa 1 it ical s+_cbdivision of the State of Texas, has the authority, through its ca+_cnty attorney, +_cnder Section 33:. ~+Zc4 of the Local Government Code, to establish, provide, acquire, maintain, constr^+_-ct, @q+_ti p, oiler^at e, and s+_cper^v i se recr'eat i onal facilities and programs for' the elder^ly; WHEREAS, COUNTY has the a+_cthority, under Article `351 (b> of the Texas Revised Civil Statutes, to provide for indigent r^esidents of COUNTY, incl+_cding the elder^ly; WHEREAS, COUNTY has the a+_tthor^ity to enter into contracts with private na--profit organisations to provide s+_cch services to the elder^l y; and WHEREAS, the Dietert Claim ("DIETERT"), a Texas non-profit corporation, is engaged in the provision of services to the elder^ly r^esidents of COUNTY; IT IS THEREFORE AGREED that: 1. DIETERT will. pr^ovide services to the residents of COUNTY as follows: a. Recreati.anal facilities and progr^ams to COUNTY~S elderly and b. ~~rovide meals to the indigent elderly of COUNTY. ~. This contract is not excl+_csive, and COUNTY, r^eser^V e5 the the right to c~ontr'act with add itianal parties far the provision of any and all services covered by this agreement. 3. DIETERT currently has and shall maintain a policy of liability ins~cr'once in the following minim+..cm amo+_cnts: ~400~ 000. 00 per occ+;irrence ~1.000L000.00 general aggregate ~ 100 000. 00/~:~00 000 00 ~.~~0, 000. 00 F'rem i ses : F'ersonaJ. In.j+_try Property Damage A+_~t omabi 1 e : F'ersot-~al I n,j ~_try A+_~tomobile:F'raper^ty Damage 4. DIETERT agrees to operate +_~nder a policy of non-discrimination with regard to the provision of said services. 5~_ich policy shall prohibit discr^imination on the basis of race, sex, age, religi.an, color, handicap, disability, national origin, lang+_~age, pal itical affiliation or belief, or other nan-merit factor^. Acts discrimination shall constit+_i•te a mater^ial breach of this contract. 5. DIETERT f+_~rther agrees to adapt and maintain a policy that prohibits sex+_~al har^assment. Acts of sex+_~al harassment constit+_~tes a material breach of this contract. E. DIETERT agrees to comply f+_~lly with any and all applicable laws, local, state, and federal, regarding work hot-rs, safety, Wages, social-sec+_~rity benefits, and/or workers' compensation. This clause places a d+_~ty to meet the req+_~irements of s~_~ch laws only if the law itself places s+_~ch d+_~ty on DIETERT. Acts in violation of any of those laws or ordinances constit+_-te a material breach of this contract. TERM 7. The term of this agreement is one (1> year beginning on October 1, 199E and ending September ~0, 1997, +_~nless earlier terminated by either party an thirty t30) days written notice addressed to: COUNTY: DIETERT: Kerr Co+_~nty J+_idge Exec+_ttive Director, Dieter^t Claim 700 East f'11ain Street E17 Jefferson Street I'.er^r^ville, Texas 780`8 Kerr^ville, Texas 780'8 CONSIDERATION 6. COUhlTY agrees to pay to DIETERT the annual s+_~m of 315,Qi00.0@ for the provision of the services descr^ibed above. 9. Upon written req+_iest, payment shall be made an ar before Jan+_~ary 1, 1997. 10. DIETERT shall 5ltbml.t to the Ker^r^ Co+_~nty A+_iditor an ann+_~al financial report itemi ing all income anci expendit+_~res. 11. No moneys paid to DIETERT shall be expended far^ any purpose other than those specified above. Unless sper_ifically provided for herein, an moneys may be expended for the provision of salaries to any person. 1~. All books and records of DIETERT shall be open for inspection d+_iring normal b+_~siness ho+_~rs to any member of the p+_~bli.c, the Y,err Co+_lnty Auditor, and to s+_~ch per^son as may be given that author^ity, in writing, by the !'.er^r^ co+_~nty A~_tditor^ or the N.err County Cammissi.oner-•s' Co+_~rt. No cla+_ise shall, in any way, be constr^+.aed to averride the pr^ovisions of the Federal F'r^i.vacy Act or ather^ state or feder^a 1. law ar^ r^eg+_~latian concer^t~ing the disclasur^e a-F confidential ar^ pr^ivacy matter^s. In other^ war^d s, books and r^ecar^ds of donor^s who wish to remain ananymo+_~s sha11 be available for p+_~blic inspection. iS. The Internal Reven~_~e Ser^vice non-profit classificatian of DIETERT is: 5Q~1 (c) tom) Federal I.D. 74-1656450 14. This agr^eement is effective an the date same is exec+_~ted by DIETERT or^ +_~pan acceptance, by Order of the Kerr^ Co+_~nty Commissioners' Co+_ir^t, whichever date is later^ in time. DIETERT By:/s/ Pernar^d W. Br^+_ins Exec+..~tive Director Date: 9/`x/96 KERR COUNTY By:/s/Robert A. Denson /T/ROPERT A. DEt~ISO1V Kerr Co+_~nty J+_tdge Date: 10/15/96 DIETERT CLAIM 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 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. DIF,TERT currently has and shall maintain a policy of liability insurance in the following minimum amounts: $400 040.OO~er occurrence Premises: Personal Injury $1 000 000.00 general alg