' ORDER NO. : J~E+J
AP'P'ROVAL OF COUNTY SPONSORED CONTRACTS
AND AUTHORIZE COUNTY JUDGE TD SIGN SAME
c
On this day the loth day of October, 1997 +_~pon motion made by
-~ Commissioner Oehler^, seconded by L,ommissioner raidwin, the
Go+_~r^t unanisously approved by a vote of 4-0-~, the following
county sponsored contracts with Kerr^ County and FC'Star,
Dietert Claim and CASA and author^i~e the Co+_~nty Judge to sign
same.
order ~o. 25p~5
ntY Sp°n5ored
APpr°val and A°thor n same.
ContraC~udge t° ei9
County
October 14' 1g9~
vol V page 441
DIETERT CLAIM CONTRACT
STATE OF TEXAS
COUNTY OF KERR


WHEREAS, Kerr County, Texas ("COUN I'Y"),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
ininitnum 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, 1997 and ending on
September 30, 1998, 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, 1998.
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. 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:
541(c)(3) Federal I.D. 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.
il1FTF.RT
B
Executive Director
Date: 2
KERB COUNTY
B
ROB RT A. DE
Kerr unty Judge
Date: 0
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 14th , 1997, in Order No. ~ ~ n ti ~
recorded and filed in Volume ~~v° ,Page 441 of the Minutes of the
~, :~ ;, ti
Commissioners' Court of Kerr County, Texas. ,, ' !`. - • • :. •
~' r
/~
COUn CIA DYE ~~.~~~=~"~ 1~~~
Kerr County, Texas
Date: /~;' - i ~- ,~ ~