"K'STAR" CONTRACT
STATE OF TEXAS §
COUNTY OF KERB §
WHEREAS, the Kerr County Juvenile Boazd hereinafter "BOARD", a duly
formed and validly existing juvenile hoazd 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, K'STAR, hereinafter "K'STAR," a Texas non-profit corporation, is
engaged in providing shelter, nourishing meals, sanctuary, counseling, guidance and
support for runaway children, other "at-risk" children and certain juvenile respondents
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 described below to the
JUVENILE COURT, K'STAR shall be entitled to a lump sum not to exceed
$5,000.00. Such amount shall be disbursed by the BOARD to K'STAR on or
after January 1, 2002, upon written request from K'STAR.
2. Insurance. K'STAR shall at all times maintain a policy of liability
insurance for premises liability for personal injury. Said policy shall be in the
minunum amount of $ 300,000.00.
3. Services. K'STAR will provide services to the BOARD, JUVENILE
COURT, other Ken County courts, and the residents of Ken County as follows:
a. a short-term emergency shelter for youth "in need" and/or "at risk",
b. food, clothing, counseling, and education to youth "in need" and/or "at-
risk," and
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c. facilities for residential placement of youth in need of protection or other
assistance.
4. IRS classification. K'STAR'S Internal Revenue Service, non-profit
classification is 561 C C) (3~ and its IRS EIN is 74- 2CcSq l w l
5. Most recent financial and performance reports. K'STAR shall submit to
JUVENILE BOARD and Ken County Judge each a copy of K'STAR's most
current independent financial audit or end-of-yeaz financial report of all
expenditures and income for the period of K'STAR's fiscal yeaz ending in
calendaz yeaz 2001, within 30 days of the approval of this contract. K'STAR
shall provide to JUVENILE BOARD and Ken County Judge each a performance
review by which K'STAR gives details of services provided and clients served for
the previous fiscal yeaz ending on September 3Q 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 K'STAR along with the name of the
department requesting the service.
6. Prospective financial and performance reports. K'STAR shall submit to
JWENILE BOARD and Kerr County Judge each a copy of K'STAR's
independent financial audit or end-of--yeaz financial report of all expenditures and
income for the period of K'STAR's fiscal year ending in calendar yeaz 2001, by
the eazlier of thirty (30) days following its receipt by K'STAR or by September
30, 2001. K'STAR shall provide to JUVENILE BOARD and Kerr County Judge
each a performance review by which K'STAR gives details of services provided
and clients served for the K'STAR's fiscal yeaz ending in calendaz yeaz 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 K'STAR along with the name of the
department requesting the service.
7. Term The Term of this agreement is one yeaz beginning on October 1,
2001, and ending on September 30, 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 K'STAR 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
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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 K'STAR 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 Kerr County.
11. Effective date. This agreement is effective upon approval by Order of the
JUVENILE BOARD.
12. Non-discrimination. K'STAR agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by K'STAR'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. K'STAR further agrees to adopt and
maintain a policy that prohibits sexual harassment. Any act of sexual harassment
by K'STAR'S employees or principals constitutes a material breach of this
contract.
14. Annlicable laws. K'STAR 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
K'STAR Any act in violation of any of those laws or ordinances shall constitute
a material breach of this contract.
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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 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 K'STAR may not assign this contract
without NVENILE 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 parry 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,
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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 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
K'STAR, and K'STAR shall have no authority to bind JUVENILE BOARD to
any contract, matter or obligation. No duties of JUVENILE BOARD aze
delegated to K'STAR 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 K'STAR, 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.
KERB COUNTY JUVENILE BOARD K'STAR
~~
By: By:
FRED IIENNEKE
Ken County Judge President, of the K'STAR Boazd
Chairman, Kerr County Juvenile Boazd
Date: ~///~~o/ Date: I I- S- O I
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NOTICES
COUNTY: K'STAR:
Kerr County Juvenile Boazd Executive Director, K'STAR
c/o Ken County Judge P.O. Box 290962
700 Main Street Kerrville, Texas 7802 9-0962
Kerrville, Texas 78028
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