ORDER NO. 26051
AF'pROVE CONTRACT BETWEEN KERR COUNTY ("COUNTY")
AND KERR ECONOMIC DEVELOPMENT FOUNDATION
("KEDF") A TEXRS NON-pROFIT CORGORATION
On this the 27th day of September 19S9r upon motion made by
Commissioner Letz, seconded 6y Commissioner Williams, the
Court unanimously approved by a vote of 4-0-0, the contract
between Kerr County and N.err^ Economic Development Fcundatior~
and authorized County Judge to sign same.
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coNTRACr
THIS CONTRACT is entered into between KERB COUNTY ("COUNTY") and KERB ECONONIIC
DEVELOPMENT FOUNDATION, A Texas non-profit corporation ("KEDF").
WITNESSETH:
WHEREAS, at the request of and in conjunction with County, KEDF has duly established an economic
development progam ("Progam") which Progam consists of KEDF's May, 1993 Strategic Economic Development
Plan For Kerr County and The City of Kerrville (the "Strategic Plan"), as supplemented by KEDF's annual
Marketing Plan and Annual Budget; and
WHEREAS, Section 380.001 of the Texas Local Government Code provides that the Progam may be
administered by a contract with anon-profit organization; and
WHEREAS, KEDF as a non-profit corporation has agreed to administer the Program upon and subject to
the terms, provisions, conditions and limitations herein set forth.
NOW, THERFORE, for and in consideration of the premises and the mutual covenants and benefits herein
set forth, together with other good and valuable consideration, the receipt and sufficiency of which is acknowledged
and confessed, County and KEDF agee that during the term of this Ageement, KEDF shall supervise and duect the
management and administration of the Progam pursuant to its Strategic Plan, as amended hereby, and upon and
subject to the following terms, provisions and mutual covenants:
1. Fundine• County shall fund the Progam $5,000.00 during County's 1998-1999 fiscal year. Subsequent
funding is subject to prior County approval and the availability of revenues for Economic Development.
2. Administration. KEDF shall administer the Progam for the County in accordance with the Strategic Plan,
as amended hereby, and shall comply with the Strategic Ptan, as amended hereby, and all applicable laws.
KEDF agees to exercise its best efforts to carry out and complete the Strategic Plan.
Term. Subject to termination as herein provided, the initial tear of this Contract shall commence upon
execution of the Contract by both parties and end September 30, 2000. The Contract shall be reviewed
annually unless prior notice is given by either party. The Contract will renew on an annual basis on October
1~'. After the initial term of this Contract ending September 30, 2000, this Contract may be terminated by
either party for any reason upon thirty (30) days prior written notice to the other party.
4. Reports. The KEDF shall produce a montlily statements as to receipts, expenses and charges for or with
respect to the Strategic Plan and the then current Marketing Plan and Budget. KEDF shall maintain books
and records reflecting all receipts, costs, charges and expenses. KEDF books and records shall be subject to
review upon written notification by County.
5. Marketint; Plan for KEDF. KEDF consistent with the Strategic Plan and Annual Budgets will continue
efforts to expand and further develop existing business.
6. Annual Report. The KEDF will provide annually a report on KEDF activities for each fiscal year during the
term of the contract.
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6. Successors and Asians. This Contract shall inure to the benefit of, and be binding upon, the paties
hereto and their respective heirs, legal representatives, successors and assigns; provided that KCVB
may not assign this Contract without County's prior written consent.
7. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with
the laws of the State of Texas and shall be enforceable in, and venue shall be in, Kerr County, Texas.
8. Notices. Any notice or communication hereunder must be in writing, and may be given by registered
or certified mail; if given by registered or certified mail, same shall be deemed to have been given and
received when a registered or certified letter continuing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail; and if given otherwise than by registered mail, it shall be
deemed to been given when delivered to and received by the party to whom it is addressed. Such
notices or communications hall be given to the parties hereto at the addresses set forth herein. Any
party hereto may at any time by giving ten (10) days written notice to the other party hereto designate
any other address in substitution of the foregoing address to which such notice or communication shall
be given.
9. Severability. If any term, covenant or condition of this Contract or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract
or the application of such tent, covenant or condition to persons or circumstances other than those as
to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or
condition ofthis Contract shall be valid and shall be enforced to the fullest extent pemtitted by law.
10. Relationship. The parties hereby agree that this is a contract for the administration of the Program and
hereby renounce the existence of any other relationship. In no event shall County have any obligation
or liability whatsoever with respect to any debts, obligations or liabilities of KCVB, and KCVB shall
have not authority to bind County to any contract, matter or obligation. No duties of County aze
delegated to KCVB by this Contract and any provision which is or may be held to be such a delegation
shall be of no force or effort.
11. Modification: Temtination. This Contract may be amended, modified, temrinated or released only by
written instrument executed by County and KCVB, except as herein otherwise provided.
12. Total Aereement. This Contract is a total and complete integration of any and all undertakings existing
between the parties hereto and supersedes any prior oral or written agreements, promises or
representations between them The headings of the various pazagraphs of this Contract are for
convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation
of the provisions of this Contract.
EXECUTED effective as of October ~ , 1999.
COUNTY
700 Main
Kerrville, Texas 78028
KCVB
2108 Sidney Baker
Kerrville, Texas 78028
Kerr County
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Kerr County Judge
KCVB
President