~~.~, 25611 ~T~al of ~t~ ~~red contract ~~ aun ~ p~.etert ~~~ 13, 1998 Vol V Page 832 ORDER N0. c5611 RPPROVAL OF COUNTY SPONSORED CONTRRCT BETWEEN KERB COUNTY RND DIETERT CLAIM On this day the lath day of October, 19'38 upon motion made by Commissioner- Let z, seconded 6y Commissioner- Baldwin, the Court unanimously approved by a vote of 4-0-0, the co~_inty sponsored contract between I{er•r^ County and Dieter•t Claim and a~athor•ize the County Judge to sign same. Tel. (830) 792-2255 ~i.~ie JCS. ~ee,~cv.L Kerr Couuty Clerk 700 Maiu St. Suite 122 Kerrville, TX. 78028 Fax. (830)792-2274 October 19th. 1998 Dietert Claim Senior Center Executive Director 617 Jefferson Street Kerrville, Texas 78028 To Whom It May Concern: Enclosed is a signed original of the Dietert Claim Contract approved by Commissioners' Court on October 13th, 1998 by Court Order No. 25611. This original is for your records. If we can be of further assistance please let us know. Sincerely, BILLIE G. MEEKER KERR COUNTY CLERK KERR~'C~OUNTY. nTEXAS - by:V~a,\'~~"~~N°'~deputy -. Tammra R. Marquar -~ - Enclosures DIETERT CLAIM CONTRACT STATE OF TEXAS COUNTY OF KERR WI-IEREAS, Kerr County, Texas ("COUNTY"), a political 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 ner occurrence $1,000.000.00 general ae~eQate X100,000.00/$300,000.00 $50.000.00 Premises: Personal Injury Property Damage Automobile: Personal Injury Automobile: Property Damage 4. DIETERT agrees to operate under a policy of non-discrimination with regard to the provision of said services. Such policy shall prohibit discrimination on the basis of race, sex, age, religion, color, handicap, disability, national origin, language, political affiliation or belief, or other non-merit factor. Acts of discrimination shall constitute a material breach of this contract. 5. DIETERT fiuther agrees to adopt and maintain a policy that prohibits sexual harassment. Acts of sexual hazassment constitutes a material breach of this contract. 6. DIETERT agrees to comply fully with any and all applicable laws, local, state, and federal, regarding work hours, safety, wages, social-security benefits, and/or workers' compensation. This clause places a duty to meet the requirements of such laws only if the law itself places such a duty on DIETERT. Acts in violation of any of those laws or ordinances constitute a material breach of this contract. TERM 7. The term of this agreement is one (1) year beginning on October 1, 1998 and ending on September 30, 1999, unless eazlier terminated by either party on thirty (30) days written notice addressed to: COUNTY: Kerr County Judge 700 East Main Street Kerrville, Texas 78028 CONSIDERATION Executive Director, Dietert Claim 617 Jefferson Street Kerrville, Texas 78028 8. COUNTY agrees to pay to DIETERT the annual sum of 15$ •000.00 for the provision of the services described above. Further, an additional annual sum of OSS, 00.00 shall be available to DIETERT for providing rural public transportation services for the benefit of Ken County residents. Disbursements of said amount shall be in accordance with the provisions of this contract, however, reserved exclusively for providing rural public transportation services. 9. Upon written request, payment shalt be made on or before January 1, 1999. 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. The Internal Revenue Service non-profit classification of DIETERT is: 501031 Federal Y.D. 74-1656450 14. 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. KERB COUNTY By/~~ Executive Director DateylZ y~ Z d A. Kerr County Judge Date: ~G~ ~ ~ . (~ 9 ~ CLERK'S CERTIFICATION I, BILLIE MEEKER, County Clerk of Kerr County, Texas, certify that the above ageement was accepted and ageed to by the Commissioners' Court of Kerr County, Texas on _ October i3tn ,1998, in Order No. zs6ii recorded and filed in Volume "v" ,Page ssz of the Minutes of the Commissioners' Court of Ken: County, Texas. BILLIE MEEKER County Clerk Kerr Cou~y, Texas Date: io-i3-9s