a a ~i' w ~~~~ ~~ o~~~ ~~~~ N ~ ~ ~fA O ~ ~~N~ ORDER N0. 2~6E2 RPPROVAL OF COUNTY SPONSORED CONTRRCTS BETWEEN KERR COUNTY RND BIG BROTHERS RND SISTERS RND KIDS' RDVOCRCY F'LRCE, INC. On this day the card day of November, 1SS8 upon motion made 6y Commissioner- Oehler, seconded by Commissioner^ Baldwin, the Court unanimo~_isly approved by a vote of 4-0-0, the county sponsored contracts between Ker-r County and Big Br-others and Sisters and Kids Rdvocacy Place, Inc. and author^ize the County Judge to sign same. 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: r3~~ty Jl#~e MEETING DATE: November 23. 1998 SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approving County Sponsored Contracts between Kerr County and the following and authorize the County Judge to sign same: Big Brothers and Sisters Kids' Advocacy Place, Inc. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: t ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Jude 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 Monday. 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 co~rtnbute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. November 18, 1998 Standazd Contract with County Sponsored entities. Money amount approved in Budget (10-660). Tammy has the contracts if you want to read one. r , KIDS• ADVOCACY PLACS. INC. CONTRACT STATE OF TEXAS COUNTY OF KERR FiHEREAS, Kerr County, Texas, (COUNTY), a political subdivision of the State of Texas, has the authority and duty to conduct necessary investigations, enforce the laws, and, under legislative mandate, through its county and district attorneys, assist the victims of crime, and WFD3It.EAS, KIDS' ADVOCACY PLACE, INC. is engaged in the provision of investigations of child abuse and assisting the child victims of abuse and neglect and their families, and desires to enter into a contract with COUNTY to provide certain services to and support of the children of COUNTY who are victims of child abuse and neglect, IT IS THEREFORE AGREED that: 1. KIDS' ADVOCACY PLACE, INC. shall provide services to the residents of COUNTY as follows: a. To provide the children of Bandera, Gillespie, Kendall, Kerr, Kimble, and surrounding counties with a facility where children who are the victims of sexual and/or physical abuse and their non-offending family members can go for evaluation, intervention, evidence gathering and counseling in a warm and non-threatening environment. b. To provide the agencies and professionals of those counties who work with abused children with a forum where they can gather and work together in assisting victims and their families. c. To provide a resource center for training and education in the area of child abuse and victimization. d. To provide a warm, non-threatening environment in which the victims of child abuse and victimization and their families can work with law enforcement or protection Page 1 services in preparation for their court appearances. 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. KIDS' ADVOCACY PLACE, INC. shall maintain a policy of liability insurance for premises liability for personal injury. 4. KIDS' ADVOCACY PLACE, INC. 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. Any act of discrimination shall constitute a material breach of this contract. 5. KIDS' ADVOCACY PLACE, INC. further agrees to adopt and maintain a policy that prohibits sexual harassment. Any act of sexual harassment constitutes a material breach of this contract. 6. KIDS' ADVOCACY PLACE, INC. agrees to comply 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 KIDS' ADVOCACY PLACE, INC. Any act in violation of any of those laws or ordinances shall constitute a material breach of this contract. 7. The term of this contract is for one (1) year, beginning October 1, 1998, and ending on September 30, 1999, unless earlier terminated by either party on thirty (30) days written notice Page 2 addressed to: COUNTY: Kerr County Judge, 700 East Main Street Kerrville, Texas 78028 KIDS' ADVOCACY PLACE, INC. Chairman of the Board, KAP P.O. Box 1722 Kerrville, Texas 78028 8. As consideration for this contract, COUNTY agrees to pay to KIDS' ADVOCACY PLACE, INC. the sum of $3000 for the provision of the services described above for the term of this contract. 9. Upon written request, payment shall be made on or before January 1, 1999. 10. KIDS' ADVOCACY PLACE, INC. shall submit to the Kerr County Auditor an annual financial report itemizing all income and expenditures for the period covered by this agreement. KIDS' ADVOCACY PLACE, INC. shall also submit to the Kerr County Auditor an annual report which states the total number of youths that were provided services under this contract and describes the services that were provided. il. No moneys paid to KIDS' ADVOCACY PLACE, INC. shall be expended for any purpose other than those specified above. Other than for the executive director who shall conduct all of the child interviews, no moneys may expended for the provision of salaries to any person. 12. All books and records of KIDS' ADVOCACY PLACE, INC. 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 Commissioners' Court. No clause shall in any way be construed t override the provisions of the Federal Privacy Act or other state Page 3 or federal law or regulation concerning the disclosure of confidential or privacy matters. 13. The Internal Revenue Service non-profit determination for KIDS' ADVOCACY PLACE, INC. has been applied for. The Federal I.D. No. is 74-2888265. 14. This contract, executed in duplicate originals, is effective on the date of acceptance by Order of the Kerr County Commissioners' Court. By: Date: ~/ ~~ ~ ~~ KIDS' ADVOCACY PLACE, INC. By: JOLE FUDGE Chai of the B rd Date: ~l-nL~ Page 4 KERR COUNTY t BIG BROTHERS AND SISTERS ALAMO AREA KERRVILLE PROGRAM CONTRACT STATE OF TEXAS § COUNTY OF KERR § WHEREAS, Ken County, Texas ("County', a political subdivision of the State of Texas, has authority, through it's cour-ty attorney, under Section 41.003 of the Texas Human Resources Code, to provide services and support to children in need; and WHEREAS, Big Brothers and Sisters, a national non-profit organization, is engaged in the provision of such services to children in Ken County, including those refereed by the juvenile probation department, and other COUNTY departments engaged in the provision of services related to children. Big Brothers and Sisters desires to enter imo a contract with COUNTY to continue to provide those services to COUNTY and it's departments; TI' IS THEREFORE AGREED that: 1. Big Brothers and Sisters will provide services to the residents of COUNTY as follows: a. Provide positive adult role models to ch~7dren, ages 7-14, from single-parent families, and b. Provide additional support to single-parent families by giving supplemental community resource referrals, as needed; 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. Big Brothers and Sisters has and shall maintain a policy of liability insurance in the following minimum amounts; General and Professional Liability: Personal Injury - $1,000,000/person Advertising Injury - $1,000,000/person Each Event Limit - $1,000,000 Premises Damage Limit - $100,000 Medical Expenses Limit - $5,000 4. Big Brothers and Sisters agees 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. Big Brothers and Sisters agrees to adopt and maintain a policy that prohibits sexual harassment. Acts of sexual harassment constitutes a material breach of this conrtract. 6. Big Brothers and Sisters 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 duty to meet the requirements of such laws only if the Iaw itself places such a duty on Big Brother and Sisters. 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 earlier terminated by either party on thirty (30) days written notice addressed to: COUNTY: Kerr County Judge 700 Main Kerrville, Texas 78028 BIG BROTHERS AND SISTERS: Program Director, Big Brothers and Sisters P.O. Box 1897 Kerrville, Texas 78029 CONSIDERATION 8. COUNTY agrees to pay Big Brothers and Sisters, Alamo Area-Kerrville Program the sum of $1.500 for the provision of the services described above. 9. Upon written request, payment shall be made on or before September 30, 1999. 10. Big Brothers and Sisters shall submit to the Kerr County Auditor a financial report itemizing all income and expenditures for the period covered by this agreement. Big Brothers and Sisters shall also submit to the Ken County Auditor a report which states the total number of children served and the number and type of other services performed by Big Brothers and Sisters. 11. No moneys paid to Big Brothers and Sisters 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 Big Brothers and Sisters shall be open for inspection during normal business hours to any member of the public, the Ken County Auditor, and to such persons as may be given that authority, in writing, by the Kerr County Auditor or the Ken 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 discloswe of confidential or privacy matters. 13. The Internal Revenue Service non-profit classification of Big Brothers and Sisters is: 501 c 3 Federal I.D. 74-1897630 14. This agreement is effective on the same date as executed by Big Brothers and Sisters or upon acceptance, by Order of the Kerr County Commissioners' Court, whichever date is later in time. BIG BROTHERS AND SISTERS Program Director Date: KERR COUNTY B: Robe A. Den Ken ounty Judge Date: ~~ - 18 ~ ~~ CLERK'S CERTIFICATION I, BII,LIE MEEKER, County Clerk of Kerr County, Texas, certify that the above ageement was accepted and agreed to by the Commissioners' Court of Kerr County, Texas on November 23 1998, in Order No. ~5~62 recorded and filed in Volume "V" ,Page 870 _ of the Minutes of the Commissioners' Court of Ken County, Texas. O.O. ~~,1_2.P ~c~/ WILLIE MEEKER County Clerk Kerr County, Texas Date: 11-24-98