gRDER ISO. `59!'14 AF~AROVE CdIVTRACT WTTH FAMTLIES & LITERACY, IIVC. FOR FISCAL YEAR 1998{~~+ Dn this the `4th day of June 1999, ~_tpon motion made by Commissioner Griffin, seconded by Commissioner Baldt-3i n, the Cour-•t unanimously approved by a vote of 4-~-Qt, the contract with Families A Literacy, Inc. for Fiscal Year 1998/99. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henneke OFFICE: County Judge MEETING DATE: June 24, 1999 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approving Contract with Families & Literacy, Inc. for the Fiscal Year 1998/99. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Count~ud~e 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: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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. FAMILIES & LITERACY, INC. CONTRACT STATE OF TEXAS COUNTY OF KERB WHEREAS, Kerr County, Texas ("COUNTY"),apolitical subdivision of the State of Texas, has the authority, through its county court, under Section 41.003 of the Texas Human Resources Code, to provide services to the children of the county, state; WHEREAS, the courts of COUNTY have the authority under various provisions of the Texas Family Code to order family studies, order parent education, and pursue other matters designed to aid the court in the exercise of their duties regarding the welfare of children; and WHEREAS, the FAMILIES & LITERACY, INC., a Texas non-profit corporation, is engaged in the provision of such educational services to the courts, juvenile probation department, adult probation department, and other COUNTY departments engaged in the provision of services relating to children and adults, and desires to enter into a contract with COUNTY to continue to provide those services to COUNTY and its departments; IT IS THEREFORE AGREED that: 1. FAMILIES & LITERACY, INC. will provide services to the residents of COUNTY as follows: a. Provide parent/family education for use by the courts in appropriate cases relating to juvenile matters, b. Provide family courses of study to improve individual interpersonal relationships of various family members involved in the courts, and 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. FAMILIES & LITERACY, INC. currently insurance in the following minimum amounts: $1,000,000.00 has and shall maintain a policy of liability General Aggregate limit 4. FAMILIES & LITERACY, 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. Acts of discrimination shall constitute a material breach of this contract. 5. FAMILIES & LITERACY, INC. further agrees to adopt and maintain a policy that prohibits sexual harassment. Acts of sexual harassment constitutes a material breach of this contract. 6. FAMILIES & LITERACY, INC. 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 FAMILIES & LITERACY, INC. 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 ternunated by either party on thirty (30) days written notice addressed to: COUNTY: Kerr County Judge 700 East Main Street Kerrville, Texas 78028 CONSIDERATION FAMILIES & LITERACY, INC.: FAMILIES & LITERACY, INC. 1121 Second Street Kerrville, Texas 78028 8. COUNTY agrees to pay to FAMILIES & LITERACY, INC. 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, 1999. 10. FAMILIES & LITERACY, INC. shall submit to the Kerr County Auditor an annual fmancial report itemizing all income and expenditures for the period covered by this agreement. FAMILIES & LITERACY, INC. shall also submit to the Kerr County Auditor an annual report which states the total number of individuals referred to the program by the court. 11. No moneys paid to FAMILIES & LITERACY, INC. 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 FAMILIES & LITERACY, 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 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. The Internal Revenue Service non-profit classification of FAMILIES & LITERACY, INC. is: 501(c)(3~ Federal LD. 74-2672202 (Group Ruling No. 2481 14. This agreement is effective on the date same is executed by FAMILIES & LITERACY, INC. or upon acceptance, by Order of the Kerr County Commissioners' Court, whichever date is later in time. FAMILIES & LITERACY, INC.: B ~?i! Dire or KERR COUNTY B• Fr d Henneke Kerr County Judge Date: ~ ! Date: ~c.-c/~e__ ~~f l ~~~ CLERK'S CERTIFICATION I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was acce ted and agreed to by the Commissioners' Court of Kerr County, Texas on _ ~ `~~~ ~~ , 1999, in Order No. o?S 9'D recorded and file Volume ,~' ,Page , / of the Minutes of the Commissioners' Court of Kerr County, Texas. FILED IN THE OFFICIAL COURT REPORTERS TRANSCRIPT FOR THE SPECIAL COMMISSIONERS' COURT AGENDA THURSDAY, JUNE 24, 1999, 6:30 ;,P.,,~,. ~~! k 1.N Qd~t.~,~ ,~ of A I .~~ ~~~~ J TT PIEPER ,~ ~ ~~, ~' ,r, `' County Clerk ~ ° .~ .. Kerr County, Texas ~~~'~ ~ ~~~~,~ ~1~4RGARETA. BARB , a Date: u~r,J --~