ORDER N0. t_75'~8
RF'F'ROVRL OF CUNTI~ACT WITH HILL COUNTRY CRISIS COUNCIL
On this the ccnd of April c00c, i_ipen moi;ion made 6y
Commissioner- Let-r., seconded try Commissioner Pa.ldwin, 'i:he Co~.u-t
unanimously approved by a vote of 4-~-~D, to ~ppr•ove ttie
contrar_t with Hill G;~.intry Crisis Council and a~_tthori-~e Cu~_tnty
J~.idge 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 He OFFICE: County Judge
MEETING DATE: A ri122 2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of contract with Hill Country Crisis Council 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:
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:
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 eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
HILL COUNTRY CRISIS COUNCIL CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
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 the HILL COUNTRY
CRISIS COUNCIL, a Texas non-profit corporation, hereinafter referred to as "CRISIS
COUNCIL," so that CRISIS COUNCIL 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 funds 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, CRISIS COUNCIL, is engaged in providing support, protection,
care, counseling, advocacy, housing and other services to victims of family violence,
which victims include children and further maintains a program for education and
counseling for those who commit acts of family violence and further does review
applications for family violence protective orders for COUNTY attorney and does assist
family violence protective order applicants to complete necessary application paperwork,
and desires to enter into a contract with COUNTY to provide certain services to
COUNTY; and
WHEREAS, COUNTY has the authority, pursuant to § 81.007, Texas Family
Code, through its County Attorney or through its District Attorneys to file applications
for residents of COUNTY for family violence protective orders;
Page 1 of 1
IT IS THEREFORE AGREED THAT:
I. Consideration. In consideration for the services described below to the residents
of COUNTY, CRISIS COUNCIL shall be entitled to a lump sum not to exceed
$5,000.00. Such amount shall be disbursed by COiJNTY to CRISIS COUNCIL
on or after April 8, 2002, upon written request from CRISIS COUNCIL.
2. Insurance. CRISIS COUNCIL 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. CRISIS COUNCIL will provide to COUNTY and COUNTY
departments and for residents of COUNTY the services as follows:
a. Intake and referral services for qualified persons seeking family violence
protective orders from the COiJNTY attorney's office; and
b. Maintain a "batterer's intervention and treatment program" designed to
counsel and treat those who commit acts of family violence which
program is designed to reduce family violence and its effects upon its
victims, including its children victims.
c. Provide services to and support for children victims of family violence
who need protection and care.
4. IRS classification. CRISIS COUNCIL'S Internal Revenue Service, non-profit
classification is 501(c)(3) and its IRS EIN is 74-2416819.
5. Most recent financial and~erformance reports. CRISIS COUNCIL shal- submit
to COUNTY Auditor and COUNTY Judge each a copy of CRISIS COUNCIL'S
most current independent financial audit or end-of--year financial report of all
expenditures and income for the period of CRISIS COUNCIL'S fiscal year
ending in calendar year 2001, within 30 days of the approval of this contract.
CRISIS COUNCIL shall provide to COiJNTY Auditor and COUNTY Judge each
a performance review by which CRISIS COUNCIL 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. CRISIS COUNCIL shall submit
to COUNTY Auditor and COUNTY Judge each a copy of CRISIS COUNCIL'S
independent financial audit or end-of--year financial report of all expenditures and
income for the period of CRISIS COUNCIL'S fiscal year ending in calendar year
2002, by the earlier of thirty (30) days following its receipt by CRISIS COUNCIL
Page 2 of 2
or by September 3Q 2002. CRISIS COUNCIL shall provide to COUNTY
Auditor and COUNTY Judge each a performance review by which CRISIS
COUNCIL gives details of services provided and clients served for the CRISIS
COUNCIL'S fiscal year ending in calendar year 2002, by September 3Q, 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
agreement maybe modified by agreement of the parties.
8. Use of funds. No moneys paid to CRISIS COUNCII. shall be expended for any
purpose other than for providing support, counseling, advocacy, and other
services to children victims of family violence and further, maintaining a program
for education and counseling for those who commit acts of family violence and
further, reviewing applications for family violence protective orders for
COUNTY attorney and further, assisting family violence protective order
applicants to complete necessary application paperwork; 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 CRISIS COUNCIL 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
COUNTY, COUNTY departments, and residents of COUNTY.
11. Effective date. This agreement is effective upon approval by Order of the
COUNTY Commissioners' Court.
12. Non-discrimination. CRISIS COUNCIL agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by CRISIS COUNCIL'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. CRISIS COUNCIL further agrees to adopt and
maintain a policy that prohibits sexual harassment. Any act of sexual harassment
Page 3 of 3
by CRISIS COUNCIL'S employees or principals constitutes a material breach of
this contract.
14. Aoolicable laws. CRISIS COUNCIL 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 CRISIS COUNCIL. 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 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 CRISIS COUNCIL may not assign this
contract without COUNTY' 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 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
Page 4 of 4
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 HILL COUNTRY CRISIS COUNCIL, and
HILL COUNTRY CRISIS COUNCIL shall have no authority to bind COUNTY
to any contract, matter or obligation. No duties of COUNTY are delegated to
HILL COUNTRY CRISIS COUNCIL by this contract and any provision which is
or maybe 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
HILL COUNTRY CRISIS COUNCIL, 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.
Page 5 of 5
KERR COUNTY
,.
By:
Fred enneke
Kerr County~Judge
Date: `~/'. ' /'~
COUNTY:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
HILL COUNTRY CRISIS COUNCIL
By: i-~cc..
Bo bie R. Lesser, Exe tive Director
Hill Country Crisis ouncil Board
Date: ~ ~ e2.o~
NOTICES
HILL COUNTRY CRISIS COUNCIL:
Executive Director
Hill Country Crisis Council
P.O. Box 291817
Kerrville, Texas 78029-1817
CLERK'S CERTIFICATION
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above
agreement was accepted, appf~v~ed and agreed to by the Commissioners' Court of
Kerr County,~-T~e~x-as,~on /-~fyJ 12[ ~ ~~N 1~ 2002, in
Order No.6~. i ~.~1~ recorde and filed in Volume ~--~, Page , of the
Minutes of the Commissioners' Court of Kerr County, Texas.
~'~
JANNETT PIEPER
County Clerk
Kerr County, Texas
Date:
Page 6 of 6
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