ORDER N0. E7~˘~6 AP'P'ROVAL OF SOCIAL CONTRACT PETWF_EN KERB COUNTY AND BIG BROTHERS/PIG SISTERS RND RATIFYING COUNTY JUDGE SIGNRTURE On this the 8th day of Rpril, ~_ipon motion made by Commissioner Let z, seconded 6y Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, the social services contract between Kerr County and Big Brothers/Big Sister's and that we a~_ithorize the ratification of the J~.idge's signat~_~re on same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOC[JMENTS TO BE REV[EWED BY THE COURT. MADE BY: Fred Henne ~ OFFICE: County judge MEETING DATE: April 8 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approving social services contract between Kerr County and Big Brothers/Big Sisters and authorize ratifying County Judge signature. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge 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: 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 eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. BIG BROTHERS AND SISTERS CONTRACT ALAMO AREA KERRVILLE PROGRAM STATE OF TEXAS § COUNTY OF KERB § WHEREAS, Kerr County, Texas, hereinafter referred to as "COUNTY," a political subdivision of the State of Texas, has determined that the expenditures of county funds proposed herein are among those which serve a public purpose and has further determined that the State of Texas, by its Constitution or by its state statutes, either implicitly or explicitly, has conferred upon COUNTY the authority and the power to accomplish the uses for said funds as proposed below. Having found the above elements fully satisfied, COUNTY has determined that it may contract with BIG BROTHERS AND SISTERS, ALAMO AREA KERRVILLE PROGRAM, a national non-profit organization, hereinafter referred to as "BIG BROTHERS AND SISTERS," so that BIG BROTHERS AND SISTERS may use said public funds for the purposes contemplated herein, but only if the expenditure is to accomplish "county business" (which encompasses matters of general concern to county residents) and only if COUNTY assures itself that the funds to be transferred by this contract are subject to adequate contractual or other controls to ensure that expenditure of said county fixnds for the public purpose stated herein will be accomplished and so long as COUNTY receives adequate consideration for the county funds to be provided by this contract; and WHEREAS, COUNTY has the authority, under §264.006, Texas Family Code, to provide services to and support of children in need of protection and care, without regard to the immigration status or financial status of the child or the child's family and FURTHER, the Texas Attorney General determined on December 3, 2001, in Opinion JC- 0439 that COUNTY may transfer funds directly to local nonprofit organizations to the extent that these organizations provide services to and support for children who need protection and care and FURTHER, that COUNTY has determined such activities serve valuable public purposes and also constitute county business; and WHEREAS, BIG BROTHER AND SISTERS is engaged in the provision of such services to children in Kerr County, including those referred by the juvenile probation department, and other Kerr County departments engaged in the provision of services related to children and FURTHER, that COUNTY desires to contract with BIG BROTHERS AND SISTERS to continue to provide those services to COUNTY, its residents and its departments; IT IS THEREFORE AGREED THAT: 1. Consideration. In consideration for the services described below provided to COUNTY and its residents, BIG BROTIERS AND SISTERS shall be entitled to a lump sum not to exceed $3.000.00. Such amount shall be disbursed by Page 1 of 1 COUNTY to BIG BROTHERS AND SISTERS on or after April 8, 2002, upon written request from BIG BROTHERS AND SISTERS. 2. Insurance. BIG BROTHERS AND SISTERS 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. BIG BROTHERS AND SISTERS will provide services to the residents of COUNTY as follows: a. Provide positive adult role models to children, ages 7-14, from single- parent families, and b. Provide additional support to single-pazent families by giving supplemental community resource referrals, as needed. 4. IRS classification. BIG BROTHERS AND SISTERS' Internal Revenue Service, non-profit classification is 501(c)(3) and its IRS EIN is 74-1897630 5. Most recent financial and performance reports. BIG BROTHERS AND SISTERS shall submit to COUNTY Auditor and COUNTY Judge each a copy of BIG BROTHERS AND SISTERS' most current independent financial audit or end-of- year financial report of all expenditures and income for the period of BIG BROTHERS AND SISTERS' fiscal yeaz ending in calendar year 2001, within 30 days of the approval of this contract. BIG BROTHERS AND SISTERS shall provide to COUNTY Auditor and COUNTY Judge each a performance review by which BIG BROTHERS AND SISTERS gives details of services provided and clients served for the previous COUNTY fiscal year ending on September 30, 2001, not later than 30 days after the approval of this contract. 6. Prospective financial and performance reports. BIG BROTHERS AND SISTERS shall submit to COUNTY Auditor and COUNTY Judge each a copy of BIG BROTHERS AND SISTERS' independent financial audit or end-of--year financial report of all expenditures and income for the period of BIG BROTHERS AND SISTERS' fiscal year ending in calendar year 2002, by the earlier of thirty (30) days following its receipt by BIG BROTHERS AND SISTERS or by September 30, 2002. BIG BROTHERS AND SISTERS shall provide to COUNTY Auditor and COUNTY Judge each a performance review by which BIG BROTHERS AND SISTERS gives details of services provided and clients served for the BIG BROTHERS AND SISTERS' fiscal year ending in calendar year 2002, by September 30, 2002. 7. Term. The Term of this agreement is one year 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 Page 2 of 2 agreement may be modified by agreement of the parties. 8. Use of funds. No moneys paid to BIG BROTHERS AND SISTERS shall be expended for any purpose other than those specified above; provided, however, that no moneys maybe expended for the provision of salaries to any person. 9. Books and records. All books and records of BIG BROTHERS AND SISTERS 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 COUNTY 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 COUNTY. 11. Effective date. This agreement is effective upon approval by Order of the COUNTY Commissioners' Court. 12. Non-discrimination. BIG BROTHERS AND SISTERS agrees to operate under a policy of non-discrimination with regard to the provision of said services. Such policy shall prohibit discrimination by BIG BROTHERS AND SISTERS 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 BIG BROTHERS AND SISTERS further agrees to adopt and maintain a policy that prohibits sexual harassment. Any act of sexual harassment by BIG BROTHERS AND SISTERS' employees or principals constitutes a material breach of this contract. 14. Applicable laws. BIG BROTHERS AND SISTERS 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 BIG BROTHERS AND SISTERS. 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, Page 3 of 3 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 BIG BROTHERS AND SISTERS may not assign this contract without COUNTY' S prior written consent. 17. Governin˘ 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 Page 4 of 4 shall COUNTY have any obligation or liability whatsoever with respect to any debts, obligations or liabilities of BIG BROTHERS AND SISTERS, and BIG BROTHERS AND SISTERS shall have no authority to bind COUNTY to any contract, matter or obligation. No duties of COUNTY are delegated to BIG BROTHERS AND SISTERS 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 BIG BROTHERS AND SISTERS, 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. KERB COUNTY B~`/ 0 NYtED HENNE _ Kerr County Judge Date: ~/G' 1 /O ~ BIG BROTHERS AND SISTERS By: ~o~a ~.,~c-~ ~ Program Director, Donna Sanders BIG BROTHERS AND SISTERS 3~.~, of NOTICES COUNTY: BIG BROTHERS AND SISTERS: Kerr County Judge Program Director 700 Main Street BIG BROTHERS AND SISTERS Kerrville, Texas 78028 P.O. Box 1897 Kerrville, Texas 78029 Page 5 of 5 CLERK'S CERTIFICATION I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was accepted, appro ed and agreed to by the Commissioners' Court of Ken County, Texas on ~~D.~'/ ~ ~ ~`~ 2002, in Order No. a 7S0 recorded and filed in Volume ~ -Page of the Minutes of the Commissioners' Court of Kerr County, Texas. J TT PIEPER County Clerk Kerr County, Texas ~, ~ Date: `y -~Z ~" c91 N n ˘O a ~'L .~xy6 Page 6 of 6