ORDER NO. c779'3
ARPROVAL OF VARIOUS CONTRRCTS
AND RRTIFY'COUNTY JUDGE'S SIGNATURE
On this the 15th day of October, EOQ~^c, upon motion made by
Commissioner- Lets, seconded by Commissioner Haldwin, the Court
unanimously approved 6y a vote of 3-Q~-Q~, the approval of the
listed various contracts and ratified the County Judge's
signat~ar•e on same:
llietert Claim
Kids Rdvocacy Place
Hill Country Crisis Council
No~antain Home Volunteer Fire Department
Elm Pass Voli.tnteer• Fire Department
Kerr County Economic Development Foundation
Center Point Volunteer Fire Department
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Jannett Pieper
MEETING DATE: October 14, 2002
SUBJECT: (Please Be Specific)
OFFICE: County Clerk
TIME PREFERRED:
Consider and discuss the approval of the listed various contracts and ratify the
authorization of the County Judges signature.
Dietert Claim
Kids Advocacy Place
Hill Country Crisis Council
Mountain Home Volunteer Fire Department
Ehn Pass Volunteer Fire Department
Kerr County Economic Development Foundation
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING COURT: Jannett Pieper
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
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 schedule for Mondays: 5:00 P.M. previous Tuesday
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 prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation
will be appreciated and contribute towards your request being addressed at the earliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
DIETERT CLAIM CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, a political subdivision of the State of Texas,
hereinafter referred to as "COUNTY," has determined that the expenditure of county
funds proposed herein is one which serves 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, the power and the jurisdiction to
accomplish the uses for said funds as proposed herein, infra. Having found the above
elements fully satisfied, COUNTY has determined that it may contract with DTF,TF,RT
CLAIM, a private Texas nonprofit corporation, hereinafter referred to as "DIETERT," so
that DIETERT 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 ff COUNTY assures itself that the funds to
be transferred by this contract aze 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 § 332.002, Texas Local
Govemment Code, to establish, provide, acquire, maintain, construct, equip, operate and
supervise recreational facilities and programs; and FURTHER, that COUNTY has
determined such activities serve valuable public purposes and constitute county business;
and,
WHEREAS, COUNTY has the authority under § 81.027, Texas Local
Government Code, to provide for the support of indigent residents, paupers or those
COUNTY residents who aze unable to support themselves of COUNTY, including the
elderly; and FURTHER, that COUNTY has determined such activities serve valuable
public purposes and constitute county business; and,
WHEREAS, COUNTY has the authority to enter into contracts with private non-
profit organizations to provide such recreational facility and program services to the
elderly; and
WHEREAS, DIETERT is engaged in providing such recreational facility and
program services to elderly residents of COUNTY;
1
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to the residents
of COUNTY, DIETERT shall be entitled to a lump sum not to exceed
$20,000.00. Such amount shall be disbursed by COUNTY to DIETERT on or
after October 1, 2002, upon written request from DIETERT.
2. Insurance. DIETERT shall at all times maintain a policy of liability insurance for
premises liability for personal injury. Said policy shall be in the minimum
amounts of:
a. $ 400,000.00 per occurrence in premises liability for personal injury;
b. $1,000,000.00 in general aggregate insurance for property damage;
c. $100,000.00/$300,000.00 for automobile-related personal injury; and
d. $50,000.00 for automobile-related property damage.
3. Services. DIETERT will provide services to residents of COUNTY as follows:
a. Recreational facilities and programs to COUNTY'S elderly; and
b. Provide meals to the indigent elderly of COUNTY.
4. IRS classification. DIETERT'S Internal Revenue Service, non-profit
classification is 501(c)(3) and its IRS EIN is 74-2697204.
5. Most recent financial and performance reports. DIETERT shall submit to the
Ken County Auditor and the Kerr County Judge each a copy of DIETERT'S most
current independent financial audit or end-of--year financial report of all
expenditures and income for the period of DIETERT'S fiscal yeaz ending in
calendaz yeaz 2001, within 30 days of the approval of this contract. DIETERT
shall provide to the Kerr Country Auditor and the Kerr County Judge each a
performance review by which DIETERT gives details of services provided and
clients served for the previous COUNTY fiscal yeaz ending on September 30,
2001, not later than 30 days after the approval of this contract.
6. Prospective financial and performance reports. DIETERT shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of DIETERT'S
independent financial audit or end-of--year financial report of all expenditures and
income for the period of DIETERT'S fiscal yeaz ending in calendaz yeaz 2002, by
the eazlier of thirty (30) days following its receipt by DIETERT or by September
30, 2003. DIETERT shall provide to the Kerr County Auditor and the Kerr
County Judge each a performance review by which DIETERT gives details of
2
services provided and clients served for the DIETERT'S fiscal year ending in
calendar year 2002, by September 30, 2003.
7. Term The Term of this agreement is one yeaz beginning on October 1, 2002, and
ending on September 30, 2003, 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 DIETERT shall be expended for any purpose
other than to establish, provide, acquire, maintain, construct, equip, operate, to
supervise recreational facilities and programs for the elderly and to provide for
indigent residents of COUNTY, including the elderly; 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 DIETERT 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 Kerr 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
residents of COUNTY.
11. Effective date. This agreement is effective upon approval by Order of the Kerr
County Commissioners' Court.
12. Non-discrimination. DIETERT agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by DIETERT'S employees or principals on the basis of
race, sex, age, religion, color, handicap, disability, national origin, language,
political affiliation, poetical belief or other non-merit factor. Any act of
discrimination shall constitute a material breach of this contract.
13. Sexual hazassment prohibited. DIETERT further agrees to adopt and maintain a
poecy that prohibits sexual hazassment. Any act of sexual hazassment by
DIETERT'S employees or principals constitutes a material breach of this
contract.
3
14. Aunlicable laws. DIETERT agrees to comply with any and all applicable laws,
local, start, 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
DIETERT. 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 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 DIETERT 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 Ken 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
4
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. Severabihtv. 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 DIETERT and DIETERT shall have no
authority to bind COUNTY to any contract, matter or obligation. No duties of
COUNTY are delegated to DiF,TF.RT 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 COITNTY and
DIETERT, 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
y~~ ,.
FRED EKE
Ke/n County Ju/dge
Date: l ~!~~~//i'~
DIETERT CLAIM
By: ~~~..- ~/~
EXOCUtIVe D1ieCI0i, DIETERT Board
Date: ~~.~~asD1-
5
NOTICES
COUNTY: DIETERT CLAIM:
Fred Henneke
Ken County Judge Executive Director
700 Main Street 617 Jefferson Street
Kerrville, Texas 78028 Kerrville, Texas 78028
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
Ken County, Texas on october 15 , 2002, in Order No27799 recorded
and Sled in Volume n~a ,Page n~a of the Minutes of the
Commissioners' Court of Kerr County, Texas.
JANNETT PIEPER
County Clerk
Kerr County, Texas
~~
f
0
n
s y~
Date: October 15, 2002
6
KIDS ADVOCACY PLACE CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, hereinafter COUNTY, a political subdivision of
the State of Texas, has determined that the expenditure of county funds proposed herein is
one which serves 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, the power and the jurisdiction to accomplish the uses for said
funds as proposed herein, infra. Having found the above elements fully satisfied,
COiJNTY may contract with a private nonprofit corporation so that they 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 aze 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.
WHEREAS, COUNTY, a political subdivision of the State of Texas, has the
authority and duty to conduct necessary investigations, enforce the laws and under
legislative mandate, through its county and district attorneys, assist the victims of crime,
and further, pursuant to §264.402, Texas Family Code, the authority to establish
children's advocacy centers, which centers shall provide certain services to and support of
the children of COUNTY who are victims of child abuse and neglect, and FURTHER, that
COUNTY has determined such activities serve valuable public purposes and constitute
county business, and,
WHEREAS, COUNTY, pursuant to §§264.403 & 264.406, Texas Family Code,
has the authority to develop, maintain, and support, through the children's advocacy
center, an environment that emphasizes the best interests of abused and neglected children
and that provides investigatory and rehabilitative services, and further, to enter into
contracts to provide certain services to and support of the children of COUNTY who aze
the victims of child abuse and neglect, and, FURTHER, that COUNTY has determined
such activities serve valuable public purposes, and constitute county business, and,
WHEREAS, the KIDS' ADVOCACY PLACE, a Texas nonprofit corporation,
hereinafter referred to as "KAP," is engaged in providing investigations of child abuse and
assisting the child victims of abuse and neglect, along with their families, and desires to
enter into such a contract for the provision of certain services to and support of the
children of COUNTY who are victims of child abuse and neglect; said services being
considered by both parties to this contract as fair consideration from KAP to COUNTY in
exchange for the funds transferred hereby,
1
IT IS THEREFORE AGREED THAT:
1. P~ment by count. In consideration for the services described below to the
residents of COUNTY, KAP shall be entitled to a sum not to exceed $3,000.00
per annum. Such amount shall be disbursed by COUNTY to KAP on or after
October I, 2002, upon written request from KAP.
2. Insurance. KAP 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 $500,000.00.
3. Services. KAP shall provide services to the residents of COUNTY as follows:
a. To provide the children residing in COUNTY and surrounding counties
with a facility where children who aze the victims of sexual and/or
physical abuse and their non-offending family members can go for
evaluation, intervention, and counseling.
b. To provide the agencies and professionals of COtTNTY and
surrounding counties who work with abused children with a forum
where they can gather and work together in assisting victims and their
families.
c. To provide a resource center for training and education in the azea of
child abuse and victimization.
d. To provide a warm, non-threatening environment in which the victims
of child abuse and victimization and their families can work with law
enforcement or protection services in prepazation for their court
appeazances.
e. To provide a location where local and azea law enforcement agencies
and those assisting them may obtain evidence to be used to investigate
and prosecute those accused of child abuse and neglect.
4. IRS classification. KAP'S Internal Revenue Service, non-profit classification is
501(c)(3) and its IRS E1N is 74-2888265.
5. Most recent financial and perforn~ance reports. KAP shall submit to COUNTY
Auditor and COUNTY Judge each a copy of KAP'S most current independent
Snancial audit or end-of-yeaz financial report of all expenditures and income for
the period of KAP'S fiscal yeaz ending in calendaz yeaz 2002, within 30 days ofthe
approval of this contract. KAP shall provide to COUNTY Auditor and COUNTY
Judge each a performance review by which KAP gives details of services provided
2
and clients served for the previous COUNTY fiscal yeaz ending on September 30,
2002, not later than 30 days after the approval of this contract.
6. Prospective financial and performance reports. KAP shall submit to COUNTY
Auditor and COUNTY Judge each a copy of KAP'S independent financial audit or
end-of--yeaz financial report of all expenditures and income for the period of
KAP'S fiscal year ending in calendaz yeaz 2002, by the earlier of thirty (30) days
following its receipt by KAP or by September 30, 2003. KAP shall provide to
COUNTY Auditor and COUNTY Judge each a performance review by which
KAP gives details of services provided and clients served for the KAP'S fiscal yeaz
ending in calendaz yeaz 2002, by September 30, 2003.
Term. The Term of this contract is to begin on October 1, 2002, and end on
September 30, 2003, unless earlier terminated by either party on thirty (30) days
written notice.
8. Use of funds. No moneys paid to KAP shall be expended for any purpose other
than for the provision of certain services to and support of the children of
COUNTY who aze victims of child abuse and neglect; provided, however, that no
moneys may be expended for the provision of salaries to any person, with the
exception of the person who shall conduct all of the child interviews.
9. Books and Records. All books and records of KAP 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
Commissioners' Court, provided, however, that this clause shall in no way be
consrtrued 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 certain services to and
support of the children of COUNTY who are victims of child abuse and neglect in
the azea covered by this contract.
11. Effectiveness. This contract is effective upon approval by Order of the Kerr
County Commissioners' Court.
12. Non-discrimination. KAP agrees to operate under apolicy ofnon-discrimination
with regazd to the provision of said services. Such policy shall prolmbit
discrimination 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.
13. Sexual hazassment prohibited. KAP further agrees to adopt and maintain a
pohcy that prohibits sexual hazassment. Any act of sexual harassment constitutes a
material breach of this contract.
14. Annlicable Laws. KAP 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 KAP. 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, contract, 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 Assi¢ns. 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 KAP 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 and shall be
enforceable in, and venue shall be in, Ken 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
4
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,
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 contract 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 KAP, and KAP
shall have no authority to bind COiJNTY to any contract, matter or obligation.
No duties of COUNTY aze delegated to KAP 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; Termination. This contract may be amended, modified, terminated
or released only by written instrument executed by COiJNTY and KAP, except as
herein otherwise provided.
22. Total Agzeement. 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.
5
KERR COUNTY KIDS' ADVOCACY PLACE, INC.
By: By: ~~
RED NNEKE TOM MOLNAR
Kerr County Judge President of the Boazd
Date: ~~/2 /~ 2--
~~r
COUNTY:
Kerr County Judge
700 Main Street
Kem1Ile, Texas 78028
Date: ~- ~ 7 - ~ L
NOTICES
KIDS' ADVOCACY PLACE:
President of the Board
Kids' Advocacy Place
P.O. Box 1722
Kemille, Texas 78029-1722
CLERK'S CERTIFICATION
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above
contract was accepted and agreed to by the Commissioners' Court of Kerr County, Texas
on october 15, , 2002, in Order No._
2~~99 recorded and filed in Volume n/a , Page n a
ofthe Minutes ofthe Commissioners' Court of Kerr County, Texas.
S
~ ~ ~..
. JQ ~ G,,
O Yom';
~P 4yy6
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J TT PIEPER
County Clerk
Kerr County, Texas
Date: October 15, 2002
6
HILL COUNTRY CRISIS COUNCIL CONTRACT
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 aze 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 aze 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
regazd 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 farn;ly 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 6
IT IS THEREFORE AGREED THAT:
1. 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 COUNTY 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
minirnum 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 COUNTY 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 caze.
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 fmancial and performance reports. CRISIS COUNCIL shall submit
to COUNTY Auditor and COUNTY Judge each a copy of CRISIS COUNCIL'S
most current independent financial audit or end-of-yeaz financial report of all
expenditures and income for the period of CRISIS COUNCIL'S fiscal yeaz
ending in calendar yeaz 2002, within 30 days of the approval of this contract.
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 previous COUNTY fiscal yeaz ending on
September 3Q 2002, not later than 30 days after the approval ofthis contract.
6. Prosaective 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--yeaz financial report of all expenditures and
income for the period of CRISIS COUNCIL'S fiscal yeaz ending in calendaz yeaz
2002, by the eazlier of thirty (30) days following its receipt by CRISIS COUNCIL
Page 2 of 6
or by September 30, 2003. 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 yeaz ending in calendaz yeaz 2002, by September 3Q 2003.
7. Term The Term of this agreement is one year beginning on October 1, 2002, and
ending on September 30, 2003, unless eazlier 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 CRISIS COUNCIL 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 Conunissioners' 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, COUN"I'Y departments, and residents of COUNTY.
I1. 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 regazd 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 atTiliation, political belief or other non-merit factor. Any act
of discrimination shall constitute a material breach of this contract.
13. Sexual harassment arohibited. CRISIS COUNCIL fiuther agrees to adopt and
maintaat a policy that prohibits sexual harassment. Any act of sexual harassment
Page 3 of 6
by CRISIS COUNCIL'S employees or principals constitutes a material breach of
this contract.
14. Annlicable laws. CRISIS COUNCIL 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 CRISIS COUNCIL. Any act in violation of any of those laws or
ordinances shall constitute a material breach ofthis contract.
I5. 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 ternunate 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 similaz or other
circumstazices, 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 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 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 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
Page 4 of 6
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 aze delegated to
HILL COUNTRY CRISIS COUNCIL 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 maybe 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 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.
Page 5 of 6
KERB COUNTY
By: .. _,. ~
Fred Henneke
Ken County Judge
Date: ~G ~~ /U-7
~T~
COUNTY:
Ken County Judge
700 Main Street
Kerrville, Texas 78028
HILL COUNTRY CRISIS COUNCIL
By:~~~
Bobbie R. Lesser, Exec ' e Director
Hill Country Crisis Council Boazd
Date:/- <2 ~- ~
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 Ken County, Texas, certify that the above
agreement was accepted, approved and agreed to by the Commissioners' Court of
Ken County, Texas on october is 2002, in
Order No. 2~~99 recorded and filed in Volume n/a ,Page n/a , of the
Minutes of the Commissioners' Court of Ken County, Texas.
~~ ~dy~
~~
n
JANNETT PIEPER
County Clerk
Ken County, Texas
October ls, 2002
Date:
Page 6 of 6
KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT
WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of
Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated
volunteer fire department that is located within the county to provide fire protection to an area of the county
that is located outside the municipalities in the county, and
WHEREAS, the MOUNTAIN HOME VOLUNTEER FIRE DEPARTMENT, hereinafter "the MHVFD," an
incorporated volunteer fire department (IRS EIN 74-2631918), and Kerr County desire to enter into a contract
for the provision of fire protection services to Kerr County by the MHVFD,
IT IS THEREFORE AGREED that:
1. Term. The term of this contract is one year beginning on October 1, 2002 and ending on September 30,
2003 unless earlier terminated in accordance with the provisions below.
2. Services Provided. The MHVFD shall provide fire protection services in its Primary Fire Response Area
(PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer
fire departments.
3. Consideration. Kerr County shall provide to the MHVFD a sum not to exceed $11,000.00 during the term
of this contract. In addition Kerr County shall provide Workers Compensation coverage to the MHVFD
volunteer firefighters while performing fire protection duties under this contract. The MHVFD agrees to
provide to the Kerr County Treasurer, in writing, a list of all MHVFD volunteer firefighters who are eligible
for such Workers Compensation coverage and to update the list when any changes occur thereto.
4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses
incurred in the provision of fire protection services including, but not limited to, replacement parts, training,
equipment, and insurance. No funds may be expended for a salary paid to any person.
5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented
to the office of the Kerr County Auditor for prepayment to the MHVFD. Paid invoices for approved uses of
funds may be presented to the office of the Kerr County Auditor for reimbursement to the MHVFD. In
either case payments shall be made in accordance with Kerr County bill payment procedures as
established by state law.
6. Insurance. During the term of this contract the MHVFD shall provide and maintain insurance coverage at
the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023
($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and
$100,000.00 for each single occurrence for injury to or destruction of properly). The MHVFD shall provide
a copy of the insurance coverage documents to the County Auditor not later than the beginning of the
contract term. Said insurance shall apply as primary liability coverage for the MHVFD while providing fire
protection services under this contract.
7. Financial Reoorts. Not later than sixty (60) days after the end of the term of this contract the MHVFD shall
submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the
term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may
be required of the MHVFD by federal or state law.)
8. Audits. At anytime during the term of this contract the MHVFD may request from the Kerr County
Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the
audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the
MHVFD shall make the necessary records available to the County Auditor for an audit of expenditures of
county funds under this contract.
9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, legal representatives, and successors. Neither parry hereto shall assign this contract to
another party.
10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the
breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days
after notice thereof by the non-breaching part' to the other, then the non-breaching party shall be entitled
to terminate this contract immediately.
11. Goveming law. This Contract shall be governed by and construed and interpreted in accordance with the
laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas.
12. 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.
13. Severabilitv. 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.
14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection
services in the MHVFD PFRA and hereby renounce the existence of any other relationship including any
agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect
to any debts, obligations, or liabilities of the MHVFD, and the MHVFD shall have no authority to bind Kerr
County to any contract, matter, or obligation. No duties of Kerr County are delegated to the MHVFD by
this contract and any provision which is or may be held to be such a delegation shall be of no force or
effect.
15. Modification; Termination. This Contract may be amended, modified, terminated, or released only by
written instrument executed by the Kerr County Commissioners Court and the MHVFD, except as herein
otherwise provided.
16. Total Aoreement. This contract is a total and complete integration of any and all understandings 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.
17. Effective Date. This agreement is effective on October 1, 2002 or upon execution by both parties and
certification by the Kerr County Clerk, whichever occurs latest.
18. Authori The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending said authority have been
duly passed and are now in full force and effect.
EXECUTED in multiple originals on the ~ day of , 2002.
1__ ~ ~r~
RsesideuUChairrn "~
MOUNTAIN HOME VOLUNTEER FIRE DEPT
Date: C~7~1 ~L 1 "C ~ "L~
v
Fred Henneke
Kerr County Judge
Date: ~' "
VOLUNTEER FIRE DEPARTMENT:
MOUNTAIN HOME VOLUNTEER FIRE DEPT
P.O. BOX 191
MOUNTAIN HOME, TEXAS 78058
CLERK'S CERTIFICATION
KERR COUNTY:
COMMISSIONERS COURT
KERR COUNTY COURTHOUSE
700 E MAIN ST
KERRVILLE TEXAS 78028
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was
approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on
october t 5 , 2002, in Order No. 27799 recorded and filed in Volume n/a ,Page _
n/a , of the Minutes of the Commissioners' Court of Kerr County, Texas.
Ja ett Pieper
County Clerk
Kerr County, Texas
Date: October 15, 2002
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KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT
WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of
Tezas, has the authority under Texas local Government Code, Chapter 352 to contract with an incorporated
volunteer fire department that is located within the county to provide fire protection to an area of the county
that is located outside the municipalities in the county, and
WHEREAS, the ELM PASS VOLUNTEER FIRE DEPARTMENT, hereinafter "the EPVFD," an
incorporated volunteer fire department (IRS EIN 74-2358837), and Kerr County desire to enter into a contract
for the provision of fire protection services to Kerr County by the EPVFD,
IT IS THEREFORE AGREED that:
Term. The term of this contract is one year beginning on October 1, 2002 and ending on September 30,
2003unless earlier terminated in accordance with the provisions below.
2. Services Provided. The EPVFD shall provide fire protection services in its Primary Fire Response Area
(PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer
fire departments.
3. Consideration. Kerr County shall provide to the EPVFD a sum not to exceed $11,000.00 during the term
of this contract. In addition Kerr County shall provide Workers Compensation coverage to the EPVFD
volunteer firefighters while performing fire protection duties under this contract. The EPVFD agrees to
provide to the Kerr County Treasurer, in writing, a list of all EPVFD volunteer firefighters who are eligible
for such Workers Compensation coverage and to update the list when any changes occur thereto.
4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses
incurred in the provision of fire protection services including, but not limited to, replacement parts, training,
equipment, and insurance. No funds may be expended for a salary paid to any person.
5. Method of Pavment. Unpaid invoices and billing statements for approved uses of funds may be presented
to the office of the Kerr County Auditor for prepayment to the EPVFD. Paid invoices for approved uses of
funds may be presented to the office of the Kerr County Auditor for reimbursement to the EPVFD. In
either case payments shall be made in accordance with Kerr County bill payment procedures as
established by state law.
6. Insurance. During the term of this contract the EPVFD shall provide and maintain insurance coverage at
the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023
($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and
$100,000.00 for each single occurrence for injury to or destruction of property). The EPVFD shall provide
a copy of the insurance coverage documents to the County Auditor not later than the beginning of the
contract term. Said insurance shall apply as primary liability coverage for the EPVFD while providing fire
protection services under this contract.
7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the EPVFD shall
submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the
term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may
be required of the EPVFD by federal or state law.)
8. Audfts. At anytime during the term of this contract the EPVFD may request from the Kerr County
Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the
audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the
EPVFD shall make the necessary records available to the County Auditor for an audit of expenditures of
county funds under this contract.
9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to
another party.
10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the
breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days
after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled
to terminate this contract immediately.
11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the
laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas.
12. 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.
13. Severabiliri. 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.
14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection
services in the EPVFD PFRA and hereby renounce the existence of any other relationship including any
agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect
to any debts, obligations, or liabilities of the EPVFD, and the EPVFD shall have no authority to bind Kerr
County to any contract, matter, or obligation. No duties of Kerr County are delegated to the EPVFD by this
contract and any provision which is or may be held to be such a delegation shall be of no force or effect.
15. Modification: Termination. This Contract may be amended, modified, terminated, or released only by
written instrument executed by the Kerr County Commissioners Court and the EPVFD, except as herein
otherwise provided.
16. Total Agreement. This contract is a total and complete integration of any and all understandings 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.
17. Effective Date. This agreement is effective on October 1, 2002 or upon execution by both parties and
certification by the Kerr County Clerk, whichever occurs latest.
18. Authori The undersigned officers and/or agents of the parties hereto are the property authorized
officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending said authority have been
duly passed and are now in full force and effect.
EXECUTED in multiple originals on the ~ day of ~, 2002.
Pres enU iGrnan
ELM PASS VOLUNTEER FIRE DEPARTMENT
Date: 1- a 4 -' a ~-
/~ ~
F"red Henneke
Kerr County Judge
Date: 0
VOLUNTEER FIRE DEPARTMENT:
ELM PASS VOLUNTEER FIRE DEPARTMENT
ROUTE 1 (~6X Yip
CENTER POINT, TEXAS 7 1
CLERK'S CERTIFICATION
KERR COUNTY:
COMMISSIONERS COURT
KERR COUNTY COURTHOUSE
700 E MAIN ST
KERRVILLE TEXAS 78028
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was
approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on
October is , 2002, in Order No. 27790 recorded and filed in Volume n/a ,Page _
n/a , of the Minutes of the Commissioners' Court of Kerr County, Texas.
J nett Pieper
County Clerk
Kerr County, Texas
Date: october 15, 2ooz
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CONTRACT
THIS CONTRACT is entered into between KERR COTJNTY ("COUN'T'Y") and KERR ECONONIIC
DEVELOPMENT FOUNDATION, A Texas non-profit corporation ("KEDF").
WITNESSETH:
WHEREAS, on or about September 24, 2001, County adopted its Kerr County Economic Development
Program (the "Program"), a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof
for all purposes;
WHEREAS, Section 380.004 of the Texas Local Government Code provides that the Program may be
administered by a contract with anon-profit organization; and
WHEREAS, KEDF as anon-profit corporation has agreed to administer the Program upon and subject to
the terms, provisions, conditions and limitations herein set forth.
NOW, THERFORE, for and in consideration of the premises and the mutual covenants and benefits herein
set forth, together with other good and valuable consideration, the receipt and sufficiency of which is acknowledged
and confessed, County and KEDF agree that during the term of this Agreement, KEDF shall supervise and direct the
management and administration of the Program subject to the following terms, provisions and mutual covenants:
1. Fundine. County shall pay KEDF for administration of the Program $5,000.00 during County's 2002-2003
fiscal year, subject to the availability and appropriation by the County of revenues for Economic
Development.
2. Administration. KEDF shall administer the Program for the County as part of the KEDF May, 1993
Strategic Economic and Development Plan the ("Strategic Plan"), as amended from time to time, and shall
comply with the Strategic Plan, and all applicable laws. KEDF agrees to exercise its best efforts to carry out
and complete the Program as part of its Strategic Plan.
3. Term. Subject to termination as herein provided, the initial term of this Contract shall commence upon
execution of the Contract by both parties and end September 30, 2003. The Contract shall be renewed
annually unless prior notice is given by either party. This Contract may be terminated by either party for any
reason upon thirty (30) days prior written notice to the other party.
4. Reports. The KEDF shall produce a monthly statement as to receipts, expenses and charges for or with
respect to the Strategic Plan and the then current Marketing Plan and Budget. KEDF shall maintain books
and records reflecting all receipts, costs, charges and expenses. KEDF books and records shall be subject to
review upon written notification by County.
5. Annual Report. The KEDF will provide annually a report to the County on KEDF activities for each fiscal
year during the term of the contract.
6. Default.
(A.) [n 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.
7. 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 KEDF may not assign
this Contract without County's prior written consent.
8. 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.
9. 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 herein. 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.
10. 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 tech term, covenant or condition of this Contract
shall be valid and shall be enforced to the fullest extent permitted by law.
11. Relationship. The parties hereby agree that this is a contract 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 KEDF, and KEDF shall have not
authority to bind County to any contract, matter or obligation. No duties of County are delegated to KEDF
by this Contract and any provision which is or may be held to be such a delegation shall be of no force or
effort.
12. Modification; Termination. This Contract may be amended, modified, terminated or released only by written
instrument executed by County and KEDF, except as herein otherwise provided.
13. '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.
EXECUTED effective as of October 1, 2002.
COUNTY:
KERB COUNTY
c_
BY• -~
~ KERR COUNTY JUDGE
KEDF:
KERB ECONONIIC DEVELOPMENT
FOUNDATION
EXHIBIT "A"
KERR COUNTY ECONOMIC DEVELOPMENT PROGRAM
Pursuant to Section 3$1.004, Texas Local Government Code, the Kerr County
Commissioners Court adopts the following KERR COUNTY ECONOMIC
DEVELOPMENT PROGRAM.
PURPOSE: The purpose ofthe Kerr County Economic Development Program
shall be to stimulate, encourage, and develop appropriate business location and
commercial activity in Kerr County. An appropriate business is one that w~71
contn'bute positively to the long-term economic development of Kerr County
without adversely affecting the scarce natural resources of Kerr County and the
Hill Country.
2. ELEMENTS: To effectuate this Program, the Commissioners Court may take
such acts or participate in such activities as it shall deem appropriate including,
but without limitation, the following:
a. Meet with appropriate businesses or commercial enterprises interested in
rebcating to Kerr County or expanding existing operations in Kerr
County;
b. Provide statistical information helpful to appropriate businesses or
commercial operations interested in relocating to Kerr County or
expanding existing operations in Kerr County;
a Cooperate with appropriate businesses or commercial operations
interested in relocating to Kerr County or expanding existing operations in
Kerr County in accessing loan, grant or training programs offered through
the State of Texas or the United States of America; and
d. Participate with other government and non-profit entities in attracting
appropriate business or commercial enterprises to Kerr County.
3. METHODS: In accomplishing this Program, the Commissioners Court may:
a. Contract with another governmental entity or non-profit corporation for
the administration of the Program;
b. Use Kerr County employees or funds for the Program; or
c. Accept contnbutions, gifts, or other resources to develop and administer to
Program.
KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT
WHEREAS, KERB COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of
Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated
volunteer fire department that is located within the county to provide fire protection to an area of the county
that is located outside the municipalities in the county, and
WHEREAS, the CENTER POINT VOLUNTEER FIRE DEPARTMENT, hereinafter "the CPVFD," an
incorporated volunteer fire department (IRS EIN 74-1673689), and Kerr County desire to enter into a contract
for the provision of fire protection services to Kerr County by the CPVFD,
IT IS THEREFORE AGREED that:
Term. The term of this contract is one year beginning on October 1, 2002 and ending on September 30,
2003 unless earlier terminated in accordance with the provisions below.
2. Services Provided. The CPVFD shall provide fire protection services in its Primary Fire Response Area
(PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer
fire departments.
3. Consideration. Kerr County shall provide to the CPVFD a sum not to exceed $11,000.00 during the term
of this contract. In addition Kerr County shall provide Workers Compensation coverage to the CPVFD
volunteer firefighters while performing fire protection duties under this contract. The CPVFD agrees to
provide to the Kerr County Treasurer, in writing, a list of all CPVFD volunteer firefighters who are eligible
for such Workers Compensation coverage and to update the list when any changes occur thereto.
4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses
incurred in the provision of fire protection services including, but not limited to, replacement parts, training,
equipment, and insurance. No funds may be expended for a salary paid to any person.
5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented
to the office of the Kerr County Auditor for prepayment to the CPVFD. Paid invoices for approved uses of
funds may be presented to the office of the Kerr County Auditor for reimbursement to the CPVFD. In
either case payments shall be made in accordance with Kerr County bill payment procedures as
established by state law.
6. Insurance. During the term of this contract the CPVFD shall provide and maintain insurance coverage at
the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023
($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and
$100,000.00 for each single occurrence for injury to or destruction of property). The CPVFD shall provide
a copy of the insurance coverage documents to the County Auditor not later than the beginning of the
contract term. Said insurance shall apply as primary liability coverage for the CPVFD while providing fire
protection services under this contract.
7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the CPVFD shall
submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the
term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may
be required of the CPVFD by federal or state law.)
S. Audits. At anytime during the term of this contract the CPVFD may request from the Kerr County
Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the
audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the
CPVFD shall make the necessary records available to the County Auditor for an audit of expenditures of
county funds under this contract.
9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to
another party.
10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the
breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days
after notice thereof by the non-breaching party to the other, then the non-breaching early shall be entitled
to terminate this contract immediately.
11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the
laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas.
12. 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.
13. Severabilitv. 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.
14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection
services in the CPVFD PFRA and hereby renounce the existence of any other relationship including any
agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect
to any debts, obligations, or liabilities of the CPVFD, and the CPVFD shall have no authority to bind Kerr
County to any contract, matter, or obligation. No duties of Kerr County are delegated to the CPVFD by this
contract and any provision which is or may be held to be such a delegation shall be of no force or effect.
15. Modification: Termination. This Contract may be amended, modified, terminated, or released only by
written instrument executed by the Kerr County Commissioners Court and the CPVFD, except as herein
otherwise provided.
16. Total Agreement. This contract is a total and complete integration of any and all understandings 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.
17. Effective Date. This agreement is effective on October 1, 2002 or upon execution by both parties and
certification by the Kerr County Clerk, whichever occurs latest.
18. Authori The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending said authority have been
duly passed and are now in full force and effect.
EXECUTED in multiple originals on the ~ day of 2002.
.n
POINT VOLUNTEER FIRE DEPARTMENT
Date: ~' / / ~~~
VOLUNTEER FIRE DEPARTMENT:
CENTER POINT VOLUNTEER FIRE DEPARTMENT
P.O. BOX 494
CENTER POINT, TEXAS 78010
CLERK'S CERTIFICATION
red Henneke
Kerr County Jud e
Date: lG ~
KERR COUNTY:
COMMISSIONERS COURT
KERR COUNTY COURTHOUSE
700 E MAIN ST
KERRVILLE TEXAS 78028
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was
approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on
oct. 15 , 2002, in Order No. z~~99 recorded and filed in Volume n/a ,Page _
n/a , of the Minutes of the Commissioners' Court of Kerr County, Texas.

Janr~tt Pieper
County Clerk
Kerr County, Texas
.. I~~a3C7~
~\v`a~~.~ ~9T Date:
~ ~
O
~,~FRFi COV~~,
		ISSUE DATE (MMOJD/VY)
		9/25/02
PRODUCER		THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
		NO RIGHTS UPON THE CERTIFICATE HOLDER THIS C6RTIFICATE DOES NOT AMEND.
VFIS of Texas/Regnier & Associates		EXTEND OR ALTER THE COVERAGE AFFORD BY THE POLICIES BELOW
4450 Frontier Trail		COMPANIES AFFORDING COVERAGE
Austin, Texas 78745		COMPANY
		6F.TTF.R A American Alternative Insurance Cor oration
512-448-9928 or 800-252-9435		
		COMPANY
		LETTER B
INSURED		COMPANY
Center Point Volunteer Fire Department		
		LETTER C
		COMPANY
P. O. Box 494		
		LETTER D
		PANY
Center Point, Texas 78010		
		LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO	THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTW ITHSTANDINC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W NIGH THIS
CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFP00.DED BY TH	E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS.
CO	TYPE OF INSURANCE	POLICY NUMBER	POLICY EFF.	POLICY EXP.	LIMITS
LTR			DATE	DATE IMM/DD/YV)	
			(MM/DD/YY)		
	GENERAL LIABILITY	VFIS-CL-0016650-5	11/3/01	11/3/02	GENERAL AGGaeGATe $ 1,000,000
A	®COMM. GENERAL LIABILITY				PROD-COMP/OP AGG. $ 1,000,000
	^ CLAIMS MADE ®OCCUR				PERS. @ADV.INJURY $ SOO,000
	^OWNER'S@CON"FNAC F'S PROT.				EACH OGCIIRRENCF. $500'000
	® Prof. Health Care Llal).				FIRE DAMAGE (One Pin) $ SOO,000
	Liquor Liability				MED. EXPENSE (One Per) $5,000
	AUTOMOBILE LIABILITY	VFIS-TX-3000159-5	11/3/01	11/3/02	COMBINED SMGLE $ 1,000,000
	
®				LIMIT
	ANY AUTO				
A	^ALL OWNED AUTOS				BODILY INJURY $
					(Per Pmon)
	^ SCHEDULED AUTOS				
	® HIRED AUTOS				BODILY INJURY $
					(Per Accident)
	® NON-0WNED AUTOS				
	^ GARAGE LIABILITY				PROPERTY DAMAGE $
					
	EXCESS LIABILITY				
$
					EACH OCCURRENCE
	^ UMBRELLA PORM				^ AGGREGATE $
	^ OTHER THAN UMBRELLA				
	FORM				
					STATUTORY LIMITS I
~
	WORKERS'COMPENSATION				EACH ACCIDENT
$
	AND				DISEASE POLICY LIMIT $
	EMPLOYER'S LIABILITY				DISEASE-EACH EMP. $
	OTHER			
A	Management Liability	VFIS-CL-0016650-5	11/3/01 11/3/02	$ 300,000 each wrongful act
				$1,000,000 aggregate
				
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS	
	
Kerr Count
y	SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEPORE THE
	EXPIMTION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL JO DAYS
700 E. Main	NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL
	SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE
Kerrville, Texas 78028	AG RREPRESENTATIVES
	A NO ZED REPRESENTATIV