ORDER N0. X7800 RF'PROVAL OF CONTRRCT BETWEEN IiERR COUNTY RND HILL COUNTRY ALTERNRTIVE DISPUTE RESOLUTION CENTER On this the 15th day of October, ~00c, upon motion made by Commissioner- Williams, seconded by Commissioner- Let z, the Co~ar•t unanimously approved by a vote of 3-Q~-0, the contract between Kerr• County and the Hill Co~.intry Alter•na+.ive Dispute Resolution Center^ and author^ized the County Judge to sign the 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 Henneke OFFICE: County Judge MEETING DATE: October 15, 2002 TIME SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval f contract between Kerr County and the Hill Country Alternative Dispute Resolution Center 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 prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Tel. (830) 792-2255 ~annett nl iepen Kerr County Clerk 700 Main St. Suite l22 Kerrville, TX 78028 Fax. (830)792-2274 October 17, 2002 Ilse D. Bailey, President Hill Country Alternative Dispute Resolution Center 1021 Main Street #200 Kerrville, TX 78028 Re: Contract between Kerr County and Hill Country Alternative Dispute Resolution Center Deaz Ms. Bailey: Please find enclosed two originals of the referenced Contract, signed by Judge Henneke on October 15, 2002. Please return an original of the document to our office after you have executed same. If you have any questions, please call me. Sincerely, l~~!2/-~rDx/ Linda Hamilton Kerr County Clerk's Office Encl. R~Lir.s r~i~ .,., _ i :~~u2 B D ~ BAILEY, DANFORD Bt EMERSON, P.L.L.C. E Attorneys At Law Ilse Bailey Harold J. Danford Rex Emerson October 18, 2002 Linda Hamilton Kerr County Clerk's Office Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 Re: Contract Between Kerr County and the Hill Country Alternative Dispute Resolution Center, Inc. Deaz Ms. Hamilton: Enclosed please find an executed original of the referenced contract, as per your request. Please let me know if there is anything else you need from us. Best regazds, ILSE D. BAILEY President, HCADRC Encl. (1) 1021 Main Street, Suite 200 • Kerrville, Texas 78028. 830-257-4045 • Fax 830-896-5250 ~- "HCADRC"CONTRACT STATE OF TEXAS § COUNTY OF KERR § WHEREAS, the Kerr County Commissioners Court, hereinafter "COUNTY", a political subdivision of the State of Texas, has the authority, under § 152.002, Texas Civil Practice & Remedies Code, as amended, to contract for alternative dispute resolution services, as defined in Section 152.001, Texas Civil Practice & Remedies Code, as amended, and WHEREAS, the Hill Country Alternative Dispute Resolution Center, hereinafter "HCADRC," a Texas non-profit corporation, has been formed for the purpose of and is engaged in providing alternative dispute resolution services, and desires to enter into a contract with COUNTY to provide those services to the citizens of Kerr County and the Hill Country region (hereinafter "citizens"); IT IS THEREFORE AGREED THAT: 1. Consideration. In consideration for the services described below to the citizens, HCADRC shall be entitled to utilize space in the Ken County Courthouse as assigned by the Ken County Sheriff, subject to the regulations of and with the agreement of the Commissioners Court, ancillary courthouse services and a lump sum of $42,480.00 for the fiscal yeaz October 1, 2002 - September 30, 2003. Such amount shall be disbursed by the COUNTY to HCADRC on or after October 1, 2002, upon written request from HCARDC. 2. Insurance. HCARDC 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 $ 300,000.00. 3. Services. HCADRC will provide services to citizens through the Kerr County Justices of the Peace courts, the County Court, Kerr County Court at Law and the 198' and 216' Judicial Districts, other Kerr County courts, as follows: Page 1 of 5 Alternative dispute resolution services, on a sliding scale fee basis, taking into account each client's ability to pay for the services. 4. IRS classification. HCADRC is in the process of making application for Internal Revenue Service 501(c)(3) non-profit classification. Its IRS EIN is 26- 4506319. 5. Prospective financial and uerformance reports. HCADRC has no previous financial history to report. HCADRC shall submit to COUNTY a copy of HCADRC's independent financial audit or end-of-yeaz financial report of all expenditures and income for the period of HCADRC's fiscal yeaz ending in calendaz year 2003, by the later of thirty (30) days following its receipt by HCADRC or by September 30, 2003. HCADRC shall provide to COUNTY a performance review by which HCADRC gives details of services provided and clients served for the HCADRC's fiscal yeaz ending in calendaz yeaz 2003, by September 30, 2003. Said performance review shall also include the total number, listed by court served, of clients served, of volunteer hours served, of number of volunteers trained and number of volunteers who provided mediation services through HCADRC. 6. Term. The Term of this agreement is one yeaz beginning on October 1, 2002, and ending on September 30, 2003, unless eazlier terminated by either pazty 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. 7. Use of funds. The moneys paid to HCADRC shall be expended solely for the provision of salaries to the executive director of HCADRC and part-time assistant(s) employed by the HACDRC. 8. Books and records. All books and records of HCADRC shall be open for inspection during normal business hours to any member of the public, the Kerr County Auditor, and such persons or entities as may be given that authority, in writing, by the COUNTY, 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. 9. Non-exclusion. This contract is not exclusive and COUNTY reserves the right to contract with additional parties for the provision of the aforementioned services to the courts and other Kerr County departments engaged in the providing of alternative dispute services to residents of Kerr County. 10. Effective date. This agreement is effective upon approval by Order of the COUNTY. Page 2 of 5 11. Non-discrimination. HCADRC agrees to operate under a policy of non- discrimination with regazd to the provision of said services. Such policy shall prohibit discrimination by HCADRC'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. 12. Sexual harassment prohibited. HCADRC further agrees to adopt and maintain a policy that prohibits sexual hazassment. Any act of sexual hazassment by HCADRC'S employees or principals constitutes a material breach of this contract. 13. Applicable laws. HCADRC 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 HCADRC. Any act in violation of any of those laws or ordinances shall constitute a material breach of this contract. 14. 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 parry to any other or further action in any circumstances without notice or demand. 15. 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 HCADRC may not assign this contract without COUNTY' S prior written consent. Page 3 of 5 16. 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. 17. 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. 18. 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. 19. Relationship. The parties hereby agree that this contract is for the provision of the services described herein and hereby renounce the existence of any other relationship. In no event shall COUNTY have any obligation or liability whatsoever with respect to any debts, obligations or liabilities of HCADRC, and HCADRC shall have no authority to bind COUNTY to any contract, matter or obligation. No duties of COUNTY aze delegated to HCADRC by this contract and any provision which is or may be held to be such a delegation shall be of no force or effort. 20. Modification and termination. This contract may be amended, modified, terminated or released only by written instrument executed by COUNTY and HCADRC, except as herein otherwise provided. 21. 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 4 of 5 COUNTY HCADRC By: ~~ By: FRED HENNEKE se D. Bailey, Ken County Judge President, of the HCADRC Boazd County~s Liaison to HCADRC Date: ~~(l -> ~? ~ Date: I b~ 8~~0 Z NOTICES COUNTY: HCADRC: Ken County Commissioners Court Mimi Brinker, c/o Ken County Judge Executive Director, HCADRC 700 Main Street 700 Main Street Kemille, Texas 78028 Kemille, Texas 78028 Page 5 of 5