ORDER NO. ~E09
APPROVE CONTRACT BETWEEN F:ERR COUNTY
AND Y,ERR ECONOMIC DEVELOPMENT FOUNDATION
On this the 5th day of October- 19'39, ~_ipon motion made by
Commissioner Let:, seconded by Commissioner Williams, the
Co~_~rt i_inanimously appr^oved by a vote of 4-fD-0, the contract
between N,err Co~_~nty and F:err• Economic Development Fo~_indation
and a~_ithor•i~ed the Co~.inty Judge to sign same.
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
MEETING DATE: October 25. 1999
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: County Judge
TIME PREFERRED:
Consider and discuss approving contract between Kerr County and Kerr Economic Development
Foundation and authorize the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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:
County Judge
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
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
coNTRACT
THIS CONTRACT is entered into between KERR 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 program ("Program") which Program 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 Program may be
administered by a contract with anon-profit organization; and
WHEREAS, KEDF as anon-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 agree that during the term of this Agreement, KEDF shall supervise and direct the
management and administration of the Program pursuant to its Strategic Plan, as amended hereby, and upon and
subject to the following terms, provisions and mutual covenants:
1. Fundin ,County shall fund the Program $5,000.00 during County's 1999-2000 fiscal year. Subsequent
funding is subject to prior County approval and the availability of revenues for Economic Development.
2. Administration. KEDF shall administer the Program for the County in accordance with the Strategic Plan,
as amended hereby, and shall comply with the Strategic Plan, as amended hereby, and all applicable laws.
KEDF agrees to exercise its best efforts to carry out and complete the Strategic Plan.
3. Term. Subject to termination as herein provided, the initial term 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 A. 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 monthly 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 [o
review upon written notification by County.
5. Marketing 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.
Default.
(A.) In the event either party shall fail to keep, observe or perform any covenant, agreement, term or
provision of this Contract to be kept, observed or performed by such party, respectively, and such
default shall continue for a period often (10) days after notice thereof by the non-defaulting party to
the other, then in any such event the non-defaulting party shall be entitled to terminate this Contract.
(B.) No delay on the part of either party in exercising any right, power or privilege shall operate as a
waiver thereof, nor shall any single or partial exercise of any right, power or privilege constitute
such a waiver nor exhaust the same, which shall be continuing. No notice to or demand on either
party in any case shall entitle such party to any other or further notice or demand in similar or other
circumstances, or constitute a waiver of the rights of either party to any other or further action in any
circumstances without notice or demand.
8. Successors and Assiens. This Contract shall inure to the benefit of, and be binding upon, the parties hereto
and their respective heirs, legal representatives, successors and assigns; provided that KEDF may not assign
this Contract without County's prior written consent.
9. 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.
]0. 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 containing 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 have
been given when delivered to and received by the party to whom it is addressed. Such notices or
communications shall 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.
11. Severability. If any term, covenant or condition of [his Contract or the application [hereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract or the
application of such term, 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 of this Contract
shall be valid and shall be enforced to the fullest extent permitted by law.
12. 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 KEDF, and KEDF shall have not
authority to bind County to any contract, matter or obligation. No duties of County are delegated to KEDF
by this Contract and any provision which is or may be held to be such a delegation shall be of no force or
effort.
13. Modification; Termination. This Contract may be amended, modified, terminated or released only by written
instrument executed by County and KEDF, except as herein otherwise provided.
14. Total A regiment. 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 paragraphs 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 the day and year first above written.
COUNTY:
KERB COUNTY
B .
K RR OUNTYJUDGE
KEDF:
KERB ECONOMIC DEVELOPMENT
FOUNDATION
~ ~ 1 GtQ ~~