ORDER N0. 27852
RPPROVE CONTRRCT WITH
FSERR COUNTY SOIL & WRTER CONSERVRTION DISTRICT
On this the 12th day of November, 20@2, upon motion made by
Commissioner- Baldwin, seconded 6y Commissioner Williams, the
Cour^t unanimously approved by a vote of 4-Q~-0, the Contract
between I{err County and the Kerr' County Soil & Water
Conservation District and a~_~thor^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 Henn "~r OFFICE: County Judge
MEETING DATE: November 12. 2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of Contract between Ken County and the Kerr County Soil
& Water Conservation District 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 ff adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
KERR COUNTY SOIL & WATER CONSERVATION DISTRICT 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 below. Having found the above elements
fully satisfied, COUNTY has determined that it may contract with the Kerr County Soil
& Water Conservation District, a private Texas nonprofit corporation, hereinafter referred
to as "DISTRICT," so that DISTRICT 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
COUN'T'Y 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, pursuant to §201.152(c), Texas Agriculture Code, COUNTY has
the authority to contribute funds to DISTRICT for any specific purpose authorized by
Chapter 201, Texas Agricultural Code; and
WHEREAS, pursuant to §201.152(c), Texas Agriculture Code, COUNTY has
the authority to contribute funds to DISTRICT for use in the exercise of any power or
duty conferred on a conservation district by Chapter 201, Texas Agricultural Code, which
power or duty will benefit the contributing district or political subdivision, including use
of said COiJNT'Y funds by the conservation district to match funds received from the
state; and
WHEREAS, DISTRICT has the duty and authority to publish and disseminate
information about local conservation plans to the citizenry per §201.107(b), Texas
Agriculture Code and I'TJRTHEI2, that COUNTY has determined such activities serve
valuable public purposes and constitute county business; and
WHEREAS, there is a need for the citizens of COUNTY to bewell-educated
about local conservation plans and I'[JRTI-IEIt, there exists a need for COUNTY to assist
DISTRICT'S educational efforts to disseminate information about methods which may
be employed to conserve vital resources of water and soil, a need to publish such
information and a need to encourage the COUNTY citizens to become active participants
in these conservation and educational efforts; and
WHEREAS, COUNTY desires to contract with DISTRICT to carry out the
above functions and DISTRICT is engaged in providing conservation educational
programs to teach good conservation practices to citizens, owners and occupiers of lands
in COUNTY;
IT IS THEREFORE AGREED THAT:
Consideration. In consideration for the services described below to the residents
of COUNTY, DISTRICT shall be entitled to a lump sum not to exceed $1,500.00.
Such amount shall be disbursed by COUNTY to DISTRICT on or after October 1,
2002, upon written request from DISTRICT.
2. Insurance. DISTRICT shall at all times remain self-insured as required by the
Texas State Soil and Water Conservation Boazd.
Services. DISTRICT will provide publication and dissemination of local
conservation methods and plans, on behalf of COUNTY, to the citizens of
COUNTY and will educate said citizens so that they will be encouraged to
personally implement such conservation methods and to, in turn, educate their
fellow citizens in the same manner as follows:
a. DISTRICT shall provide to the citizens of COUNTY, technical assistance
and advice regazding rainfall run-off other soil and water conservation
practices, techniques and other related matters, and
b. DISTRICT shall generally promote the use of modern conservation
techniques by dissemination of printed materials, and
c. DISTRICT shall educate the citizens of COUNTY as to the crucial need
for such techniques by assisting azea youth and teachers in furthering their
education and knowledge of the need for and proper implementation of
modern soil and water conservation practices, with the hope that those so
educated will pass their newfound learning onto others, and
d. DISTRICT shall further educate the citizens of COUNTY as to the crucial
need for such techniques by preparing and dissenunating an annual report
and calendar for the use of COUNTY landowners, and
e. DISTRICT shall encourage others to become actively involved in
conservation practices and in further promoting such practices to their
fellow citizens by acknowledging and honoring the accomplishments of
COUNTY citizens who have exemplified responsible conservation
practices.
4. IRS classification. DISTRICT'S Internal Revenue Service, non-profit classification
is 501(c)(3) and its IRS EIN is 74-1704781.
5. Performance. DISTRICT shall, upon request, submit to COUNTY, through both its
COUNTY Auditor and its COUNTY Judge, an itemized copy of DISTRICT'S
expenditures and income for the period of DISTRICT'S fiscal yeaz ending in calendaz
yeaz 2002, in a manner that will cleazly indicate that funds provided by this contract
were spent for the purposes stated herein.
6. Prospective financial and performance reports. DISTRICT shall submit to the Kerr
County Auditor and the Ken County Judge each a copy of DISTRICT'S most current
independent financial audit or end-of--yeaz financial report of all expenditures and
income for the period of DISTRICT'S fiscal yeaz ending in calendaz yeaz 2002,
within 30 days of the approval of this contract. DISTRICT shall provide to the Kerr
Country Auditor and the Kerr County Judge each a performance review by which
DISTRICT gives details of services provided 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.
7. Prospective financial and performance reports. DISTRICT shall submit to COUNTY
Auditor and COIJN'I'Y Judge each a copy of DISTRICT'S independent financial
audit or end-of--yeaz financial report of all expenditures and income for the period of
DISTRICT'S fiscal yeaz ending in catendaz yeaz 2002, by the earlier of thirty (30)
days following its receipt by DISTRICT or by September 30, 2003. DISTRICT shall
provide to COUNTY Auditor and COUNTY Judge each a performance review by
which DISTRICT gives details of services provided and clients served for the
previous COUNTY fiscal yeaz ending in calendaz yeaz 2002, by September 30, 2003.
8. 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 parry on thirty (30)
days written notice. The date of the commencement of the term of said agreement
may be modified by agreement of the partics.
9. Use of funds. No moneys paid to DISTRICT shall be expended for any purpose other
than for providing the aforementioned services to COUNTY and citizens of
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COiJNTY; provided, however, that no moneys may be expended for the provision of
salaries to any person.
10. Books and records. All books and records of DISTRICT 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
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.
11.Non-exclusion. This contract is not exclusive and COiINTY reserves the right to
contract with additional parties for the provision of the aforementioned services to
residents of COiJNTY.
12. Effective date. This agreement is effective upon approval by Order of the Kerr
County Commissioners' Court.
13. Non-discrimination. DISTRICT agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by DISTRICT'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.
14. Sexual harassment prohibited. DISTRICT further agrees to adopt and maintain a
policy that prohibits sexual harassment. Any act of sexual harassment by
DISTRICT'S employees or principals constitutes a material breach of this contract.
15. Applicable laws. DISTRICT 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 DISTRICT.
Any act in violation of any of those laws or ordinances shall constitute a material
breach ofthis contract.
16. 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-
4
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 privflege 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
circumstances, or constitute a waiver of the rights of either party to any other
or further action in any circumstances without notice or demand.
17. 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 DISTRICT may not assign this contract without
COUNTY'S prior written consent.
18. 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.
19. 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.
20. 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.
21. Relationshin. The parties hereby agree that this is a contract for administration of the
program described herein and its sole purpose is for the provision of the services
herein-described to COUNTY and to citizens of COUNTY. In no event shall
COUNTY have any obligation or liability whatsoever with respect to any debts,
obligations or liabilities of DISTRICT, and DISTRICT shall have no authority to bind
COUNTY to any contract, matter or obligation. No duties of COUNTY aze delegated
to DISTRICT by this contract and any provision which is or may be held to be such a
delegation shall be of no force or effect.
22. Modification and Termination. This contract may be amended, modified, terminated
or released only by written instrument executed by COUNTY and DISTRICT, except
as herein otherwise provided.
23. Total a~seement. 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 of prescn'be the meaning and interpretation of the provisions of this
contract.
Ken County Kerr County Soil & Water Conservation District
i
By _~.~ ~ By.
1~D NNEI /,~~ s ~ ~. ~~r~~
Kerr County Judge George Holekamp, Chairman o tf he Boazd,
Kerr County Soil & Water Conservation District
Date: l11(~ ~t! = Date:~n`- ~ ~ ~ ~ u a ~
NOTICES
Kerr County Kerr County Soil & Water Conservation District
Kerr County Judge George Holekamp, Chairman of the Boazd,
700 Main Street Kerr County Soil & Water Conservation District
Kerrville, Texas 78028 420 Water Street
Kerrville, Texas 78028
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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
Kerr County, Texas on November 12 , 2002, in Order No. 27ss2 ,
recorded and filed in Volume n/a ,Page ~~a , of the
Minutes of the Commissioners' Court of Kerr County, Texas.
JANNETT PIEPER
County Clerk
Kerr County, Texas
November 12, 2002
Date:
~~\Sg~ONERS `, G
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