DI~DER ND. ~-E71'
RPF'ROVE BORN
COUNTY SF'OhISORED CONTRACTS
fKERR COUNTY SOIL 8 WATER CDNSERI!ATION DISTRICT
AND CASH CONTRACT Si
On this the 3rd day of October :00~, ~.rpan motion made by'
Commissioner Raldwirr, seconded by Commissioner Let z, the Coy-{rt
unanimo~-rsly, by a vote of 4-0-0, approved tI-u contract raith
the Kern- Co~.rnty Soil and Water Conservation District and the
Hill Co~_tntry CASA Contract and :3~athori:_~xi Coy-mty 7~-idge to sign
szime.
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: October 23, 2000 TIME PREFERRED:
SUBJEC"I': (PLEASE BE SPECIFIC)
Consider and discuss approving form of County Sponsored Contracts and authorize the
County Judge to sign same. The following contracts have been submitted for signature.
a. Kerr County Soil & Water Conservation District
b. CASH
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 towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
Kerr Couuri Soil & Water Conservation District Contract
STATE OF TEXAS
COUNTY OF KERR
WHEREAS, Ken• County, Texas, hereinafter "COUNTY", a political subdivision
of the State of Texas, has the authority, pursuant to §201.152(c), Texas Agriculture Code,
to contribute funds to the Kerr County Soil & Water Conservation District (hereinafter
referred to as "DISTRICT") trust fund to be used in the exercise of powers and duties
conferred upon said DISTRICT by Chapter 201, Texas Agriculture Code, which use will
benefit the county; and
WHEREAS, FURTHER said county funds may be used by said DISTRICT,
through its trust fund, to match state funds, pursuant to §201.152(c), Texas Agriculture
Code; and
WHEREAS, there is a need for COUNTY to educate Kerr County citizens about
local conservation plans and disseminate information about methods which may be
employed to conserve our vital resources of water and soil, to publish such information
and to encourage the COUNTY citizens to become active participants in these
conservation and educational efforts; and
WHEREAS, DISTRICT has the duty and authority to publish and disseminate
information about local conservation plans to the citizenry per §201.107(b), Texas
Agriculture Code; and;
WHEREAS, COUNTY desires to contract with DISTRICT to carry out the
above functions,
IT IS THEREFORE AGREED THAT:
1. Payment by counri. In consideration for the services described below to the
residents of COUNTY, DISTRICT shall be entitled to a sum not to exceed ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). Such amount shall be
disbursed by COiINTY to DISTRICT on or after October 1, 2000, upon written
request from DISTRICT.
2. Insurance. DISTRICT shall at all times remain self-insured as requited by the Texas
State Soil and Water Conservation Board.
3. Services. DISTRICT will provide publication and dissemination of local conservation
methods and plans, on behalf of COUNTY, to the citizens of COUNTY and will
educate said citizens so that they will be encouraged to personally implement such
conservation methods and to, in turn, educate their fellow citizens in the same manner
as follows:
a. DISTRICT shall provide to the citizens of COUNTY, technical assistance and
advice regazding rainfall run-off, other soil and water conservation practices,
techniques and other related matters, and
b. DISTRICT shall generally promote the use of modern conservation techniques by
dissemination of printed materials, and
c. DISTRICT shall educate the citizens of COUNTY as to the crucial need for such
techniques by assisting area youth and teachers in furthering their education and
knowledge of the need for and proper implementation of modern soil and water
conservation practices, with the hope that those so educated will pass their
newfound learning onto others, and
d. DISTRICT shall further educate the citizens of COUNTY as to the crucial need
for such techniques by preparing and disseminating an annual report and calendaz
for the use of COUNTY landowners, and
e. DISTRICT shall encourage others to become actively involved in conservation
practices and in further promoting such practices to their fellow citizens by
acknowledging and honoring the accomplishments of COUNTY citizens who have
exemplified responsible conservation practices.
4. Performance. DISTRICT shall, upon request, submit to COUNTY, through both its
COUNTY Auditor and its COUNTY Judge, an itemized copy of DISTRICT'S trust
fund expenditures of the funds provided by this contract in a manner which will cleazly
indicate that said funds were spent for the purposes stated herein.
5. Prospective financial and performance reports. DISTRICT shall submit to COUNTY
Auditor and COUNTY Judge each a copy of DISTRICT'S independent financial audit
or end-of--year financial report of all trust fund expenditures and trust fund income for
the period of DISTRICT's fiscal yeaz ending in calendar yeaz 2000, by the eazlier of
thirty (30) days following its receipt by DISTRICT or by September 30, 2001.
DISTRICT shall provide to COUNTY Auditor and COUNTY Judge each a
performance review by which DISTRICT gives details of services provided and clients
served for the previous COUNTY fiscal yeaz ending in calendaz yeaz 2001, by
September 30, 2001.
6. Term. The Term of this contract is one yeaz beginning on October 1, 2000, and
ending on September 30, 2001, unless eazlier terminated by either party on thirty (30)
days written notice. The date of the commencement of the term of said contract and
2
the length of the term of said contract may be modified by written agreement of the
parties.
7. Use of funds. No moneys paid to DISTRICT shall be expended for any purpose
other than for providing the aforementioned services to COUNTY and citizens of
COUNTY; provided, however, that no moneys may be expended for the provision of
salaries to any person.
8. Books and Records. All books and records of DISTRICT shall be open for
inspection during normal business hours to any member of the public, the Ken County
Auditor, and such persons as may be given that authority, in writing, by the
Commissioners' Court, provided, however, that this clause shall in no 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.
9. Non-exclusion. This contract is not exclusive and COUNTY reserves the right to
contract with additional parties for the provision of the aforementioned services to
COUNTY and to citizens of COUNTY.
10. Effective date. This agreement is effective upon approval by Order of the Ken
County Commissioners' Court.
11.Non-discrimination. DISTRICT agrees to operate under a policy of non-
discrimination with regazd to the provision of said services. Such policy shall prohibit
discrimination by DISTRICT'S employees or principals on the basis 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.
12. Sexual hazassmen~rohibited. DISTRICT further agrees to adopt and maintain a
policy that prohibits sexual hazassment. Any act of sexual harassment by DISTRICT'S
employees or principals constitutes a material breach of this contract.
13. Annlicable Laws. DISTRICT agrees to comply with any and all applicable laws,
local, state, and federal, regazding 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 DISTRICT. Any act in violation
of any of those laws or ordinances shall constitute a material breach of this contract.
14. Default.
a. In the event either parry 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 patty 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.
15. 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 DISTRICT may not assign this Contract without
COUNTY'S prior written consent.
16. 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.
17. 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 below. 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.
18. 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 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.
4
19. Relationship. The parties hereby agree that this is a contract is solely for the
provision of the services herein-described to COUNTY and to citizens of COUNTY.
In no event shall COUNTY have any obligation or liability whatsoever with respect to
any debts, obligations or liabilities of DISTRICT, and DISTRICT shall have no
authority to bind COUNTY to any contract, matter or obligation. No duties of
COUNTY aze delegated to DISTRICT by this contract and any provision which is or
may be held to be such a delegation shall be of no force or effect.
20. Modification; Termination This contract may be amended, modified, terminated or
released only by written instrument executed by COUNTY and DISTRICT, except as
herein otherwise provided.
21. Total Agreement. 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 aze for convenience only, and shall not define,
interpret, affect or prescribe the meaning and interpretation of the provisions of this
contract.
5
Kerr County
Kerr County Soil & Water Conservation Board
FRED HENNEKTr George IIolekamp,
Kerr County Judge Chairman of the Boazd,
Kert County Soil & Water Conservation District
Date: ~~~~ 3, ~
Date: f 0- l 5 -- ~c o 0
NOTICES
Kerr County:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
CLERK'S CERTIFICATION
Kerr County Soil & Water Conservation District:
Chairman of the Board, George Holekamp
420 Water Street
Kerrville, Texas 78028
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above
agreement was accepted and agreed to by the Commissioners' Court of Ken County,
Texas on (~ ~a) 2000, in
Order No. e7te 7/~ recorded and filed in Volume _ OD
Page _
County, Texas.
of the Minutes of the Commissioners' Court of Kerr
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County Clerk
Kerr County, Texas
Date: ~ 013 ~
6
HILL COUNTRY COURT-APPOINTED SPECIAL ADVOCATES
"CASA" CONTRACT
STATE OF TERAS $
COUNTY OF RSRR ~
WHEREAS, Kerr County,
political subdivision of
authority, under ~ 264.006,
services to and support of
and care without regard to
child or the child's family,

Texas, hereinafter "COUNTY", a
the State of Texas, has the
Texas Family Code, to provide
children in need of protection
the immigration status of the
and
WHEREAS, the courts of COUNTY have the authority, under
various provisions of the Texas Family Code, the Texas Code
of Civil Procedure and the Texas Code of Criminal Procedure,
as well as from other sources to obtain information through
appointed "friends of the court," to appoint guardians ad
litem, to order family studies, and to pursue other matters
designed to aid the courts in the exercise of their duties
regarding children; and
WHEREAS, HILL COUNTRY COURT-APPOINTED SPECIAL
ADVOCATES, hereinafter "CASA," a Texas non-profit
corporation, is engaged in the providing of such services to
the courts, the juvenile probation department, and other
COUNTY departments engaged in the providing of services
related to children and desires to enter into a contract
with COUNTY to continue to provide those services to COUNTY,
to COUNTY departments, and to residents of COUNTY;
IT IS
AGREED THAT:
1. Consideration. In consideration for the services
described below to the residents of COUNTY, CASA shall
be entitled to a lump sum not to exceed $3,000.00.
Such amount shall be disbursed by COUNTY to CASA on or
after January 1, 2001, upon written request from CASA.
2. Insurance. CASA shall at all times maintain a
policy of liability insurance for premises liability
for personal injury. Said policy shall be in the
minimum amount of $ 1,000,000.00.
3. Services. CASA will provide services to COUNTY, COUNTY
departments, COUNTY courts, and the residents of COUNTY
as follows:
a. Provide guardians ad litem for use in the courts
in appropriate cases relating to children as
ordered by the presiding judges of said courts,
and
b. Provide family studies and perform such other
information gathering services as requested by the
courts of COUNTY.
9. IRS classification. CASA'S Internal Revenue Service,
non-profit classification is 502(c)(3) and its IRS EIN
is 74-2551029
5. Most recent financial and performance reports. CASA
shall submit to COUNTY Auditor and COUNTY Judge each a
copy of CASA's most current independent financial audit
or end-of-year financial report of all expenditures and
income for the period of CASA's fiscal year ending in
calendar year 2000, within 30 days of the approval of
this contract. CASA shall provide to COUNTY Auditor
and COUNTY Judge each a performance review by which
CASA gives details of services provided and clients
served for the previous COUNTY fiscal year ending on
September 30, 2000, not later than 30 days after the
approval of this contract. Said performance review
shall also include the total number, listed by court
served, of children served, of family studies initiated
and completed, of times appointed and served as
guardian ad litem, and the number and types of other
services performed by CASA along with the name of the
department requesting the service.
6. Prospective financial and performance reports. CASA
shall submit to COUNTY Auditor and COUNTY Judge each a
copy of CASA's independent financial audit or end-of-
year financial report of all expenditures and income
for the period of CASA's fiscal year ending in calendar
year 2000, by the earlier of thirty (30) days following
its receipt by CASA or by September 30, 2001. CASA
shall provide to COUNTY Auditor and COUNTY Judge each a
performance review by which CASA gives details of
services provided and clients served for the CASA's
fiscal year ending in calendar year 2001, by September
30, 2001. Said performance review shall also include
the total number, listed by court served, of children
served, of family studies initiated and completed, of
times appointed and served as guardian ad litem, and
the number and types of other services performed by
CASA along with the name of the department requesting
the service.
7. Term. The Term of this agreement is one year
beginning on October 1, 2000, and ending on September
30, 2001, unless earlier terminated by either party on
thirty (30) days written notice. The date of the
commencement of the term of said agreement may be
modified by agreement of the parties.
8. Use of funds. No moneys paid to CASA shall be expended
for any purpose other than for the providing of the
aforementioned services to the courts, the juvenile
probation department, other COUNTY departments engaged
in the providing of services related to children, and
to residents of COUNTY; provided, however, that no
moneys may be expended for the provision of salaries to
any person.
9. Books and records. All books and records of CASA
shall be open for inspection during normal business
hours to any member of the public, the COUNTY Auditor,
and such persons as may be given that authority, in
writing, by the Commissioners' Court, provided,
however, that this clause shall in no way be construed
to override the provisions of the Federal Privacy Act
or other state of federal law or regulation concerning
the disclosure of confidential or privacy matters.
10. Non-exclusion. This contract is not exclusive and
COUNTY reserves the right to contract with additional
parties for the provision of the aforementioned
services to the courts, the juvenile probation
department, other COUNTY departments engaged in the
providing of services related to children, and to
residents of COUNTY.
11. Effective date. This agreement is effective upon
approval by Order of the COUNTY Commissioners' Court.
12. Non-discrimination. CASA agrees to operate under a
policy of non-discrimination with regard to the
provision of said services. Such policy shall prohibit
discrimination by CASA's employees or principals on the
basis of race, sex, age, religion, color, handicap,
disability, national origin, language, political
affiliation, political belief or other non-merit
factor. Any act of discrimination shall constitute a
material breach of this contract.
13. Sexual harassment prohibited. CASA further agrees to
adopt and maintain a policy that prohibits sexual
harassment. Any act of sexual harassment by CASA'S
employees or principals constitutes a material breach
of this contract.
14. Applicable laws. CASA agrees to comply with any and
all applicable laws, local, state, and federal,
regarding work hours, safety, wages, social security
benefits, discrimination 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
CASA. Any act in violation of any of those laws or
ordinances shall constitute a material breach of this
contract.
15. 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 of ten (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.
16. Successors and assigns. This
the benefit of, and be binding
and their respective heirs,
successors and assigns; prow
assign this contract without
consent.
contract shall inure to
upon, the parties hereto
legal representatives,
ided that CASA may not
COUNTY'S prior written
17. Governing law. This contract shall be governed by and
construed and interpreted in accordance with the laws
of the State of Texas. This contract shall be
enforceable in Kerr County, Texas and venue shall also
lie in Kerr County, Texas.
18. 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 below. 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.
19. 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 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.
20. Relationship. The parties hereby agree that this is a
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 CASA, and CASA shall have no authority
to bind COUNTY to any contract, matter or obligation.
No duties of COUNTY are delegated to CASA by this
contract and any provision which is or may be held to
be such a delegation shall be of no force or effort.
21. Modification and termination. This contract may be
amended, modified, terminated or released only by
written instrument executed by COUNTY and CASA, except
as herein otherwise provided.
22. Total agreement. 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.
KERR COUNTY CASA
By:~ By:~
F HENNEKE
Kerr County Judge
C
Date: l 23 ~~ Date:
?' ., ~~
President, CASA Board
G- (~-- 2 000
NOTICES
COUNTY:
HILL COUNTRY CASA:
Kerr County Judge Executive Director, CASA
700 Main Street P.O. Box 290965
Kerrville, Texas 78028 Kerrville, Texas 78029
CLERK'S CERTIFICATION
I, JANNETT PIEPER, County Clerk of Kerr County, Texas,
certify that the above agreement was accepted, approved and
agreed to by the Commissioners' Court of Kerr County, Texas
on ~(.C~t~~ 2000, in
Order No. (~ oZ recorded and filed in Volume C~. QD
Page of the Minutes of the
Commissioners' Court of Kerr County, Texas.
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JANNETT PIEPEI7
County Clerk
Kerr County, Texas
Date: ~~/~~i~