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STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, the Kerr County Juvenile Boazd hereinafter "BOARD", a duly
formed and validly existing juvenile board created by the Texas Legislature pursuant to
Section 152.1391, Texas Human Resources Code, as amended, has the authority, under §
142.003(c), Texas Human Resources Code, as amended, to contract for juvenile
probation services, as defined in Section 142.001, Texas Human Resources Code, as
amended, and
WHEREAS, the Ken County Juvenile Court, hereinafter "JUVENILE COURT",
has the authority, under vazious 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 JUVENILE COURT, the juvenile probation department,
and other departments engaged in the providing of services related to children and desires
to enter into a contract with BOARD to continue to provide those services to BOARD,
the JUVENILE COURT, and to residents of Kerr County;
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services descn~bed below to the
JUVENILE COURT, CASA shall be entitled to a lump sum not to exceed
$3,000.00. Such amount shall be disbursed by the BOARD to CASA on or after
January 1, 2002, 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.
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3. Services. CASA will provide services to the BOARD, JUVENILE
COURT, other Kerr County courts, and the residents of Kerr County as follows:
a. Provide guazdians ad litem for use in the JUVENILE COURT and other
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 Juvenile Court and other Kerr County Courts.
4. IRS classification. CASA'S Internal Revenue Service, non-profit
classification i- s 50\~~3> and its IRS EIN is ~~{-ZS5-lbZ~
5. Most recent financial and performance reports. CASA shall submit to
JUVENILE BOARD and Kerr County Judge each a copy of CASA's most current
independent financial audit or end-of-yeaz financial report of all expenditures and
income for the period of CASA's fiscal year ending in calendar yeaz 2001, within
30 days of the approval of this contract. CASA shall provide to JUVENILE
BOARD and Kerr County Judge each a performance review by which CASA
gives details of services provided and clients served For the previous fiscal yeaz
ending on September 30, 2001, 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 guazdian 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 r~rts. CASA shall submit to
JUVENILE BOARD and Kerr County Judge each a copy of CASA's independent
financial audit or end-of--yeaz financial report of all expenditures and income for
the period of CASA's fiscal yeaz ending in calendaz yeaz 2001, by the earlier of
thirty (30) days following its receipt by CASA or by September 30, 2001. CASA
shall provide to JUVENILE BOARD and Ken County Judge each a performance
review by which CASA gives details of services provided and clients served for
the CASA's fiscal yeaz ending in calendaz 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 guazdian ad litem, and the number and types of other
services performed by CASA along with the name of the department requesting
the service.
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7. Term. The Term of this agreement is one year beginning on October 1,
2001, and ending on September 3Q 2002, 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 Kerr County departments engaged in the
providing of services related to children, and to residents of Kerr 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 Kerr
County Auditor, and such persons as may be given that authority, in writing, by
the JUVENILE BOARD, 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 JUVENILE BOARD
reserves the right to contract with additional parties for the provision of the
aforementioned services to the courts, the juvenile probation department, other
Kerr County departments engaged in the providing of services related to children,
and to residents of Ken County.
11. Effective date. This agreement is effective upon approval by Order of the
JUVENILE BOARD.
12. Non-discrimination. CASA agrees to operate under a policy of non-
discrimination with regazd 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 hazassmentprohibited. CASA further agrees to adopt and maintain
a policy that prohibits sexual harassment. Any act of sexual hazassment 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, regazding 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
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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-defauhing
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 parry to any other or further action in any
circumstances without notice or demand.
16. 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 CASA may not assign this contract without
JUVENILE BOARD'S prior written consent.
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 Ken 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
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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 vahd and shall be enforced to the fullest
extent permitted by law.
20. Relationship. The parties hereby agree that this contract is for the
provision of the services described herein and hereby renounce the existence of
any other relationship. In no event shall JUVENILE BOARD have any obligation
or liability whatsoever with respect to any debts, obligations or liabilities of
CASA, and CASA shall have no authority to bind JUVENILE BOARD to any
contract, matter or obligation. No duties of JUVENILE BOARD 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 JUVENILE
BOARD 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 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.
KERR COUNTY NVENILE BOARD CASA
/,_
FRE HENNEKE
Kerr County Judge ~ President, of the CASA Boazd
Chairman, Kerr County Juvenile Boazd
Date: /2 O ( Date: /,~- [~ ~- t ~
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NOTICES
COi3NTY:
Kerr County Juvenile Boazd
c/o Kerr County Judge
700 Main Street
Kerrville, Texas 78028
HILL COUNTRY CASA:
Executive Director, CASA
P.O. Box 290965
Kerrville, Texas 7802 9
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A child's voice in court.
P.O. Box 290965
Kerrville, Texas
78029
December 12, 2001
The Honorable Stephen B. Ables
The Honorable Fred Henneke
The Honorable E. Karl Prohl
Kerr County Juvenile Board
Kerr County Courthouse
Kerrville, Texas 78028
12E: Hill Country CASA contract FY 2001-2002
Dear Judges:
Office (830) 896-2272
Pax (830) 896-2309
Mobile (830) 459-3803
hccasanktacom
Enclosed please find two (2) copies of the contract between Hill Country CASA
and the Kerr County Juvenile Board. I apologize for the length of time it has
taken me to return these copies to you but our Board President was out of town
for the November meeting and, although the Board approved the contract at
that meeting, Gianni did not get by the office to sign it until a few days ago.
We are grateful to you all for this "creative funding" pending the Attorney
General's opinion on the legality of Kerr County's funding. We also remain
thankful for your long time support and encouragement. If you ever have any
questions about this agency or any of its volunteers, please do not hesitate to
call me.
egards,
~~~ ~~
' e L. O er
Executive Director
Hill Country CASA
CC: Gianni Ret, President of Board of Hill Country CASH

HILL COUNTRY COURT APPOINTED SPECIAL ADVOCATES
Serving Kerr, Bandera, Kendal/, Gillespie Counties
HCCASA IS A MEMBER OF TEAS ANO NATIONAL CASA ASSOCIATIONS