ORDER NO.2840b
County Sponsored Entities
On this the 11`i' day of November 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-Q-
0 to approve the contracts between Kerr County and the County Sponsored Entities as
listed below and authorize the County Judge to sign same as they are returned.
Hill Country Court Appointed Special Advocates "CASA "
Dietert Claim
Hill Country Crisis Council
Kerr County Soil c~ Water Conservation District
Kerr Economic Development Foundation
Kids' Advocacy Place
K'Star
COMMISSIONERS' COURT AGENDA REQUEST
REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: County Judi
MEETING DATE: _ November 1 L 2003 TIME PREFERRED:
~~c~
~~
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approving form contracts between Kerr County and the County Sponsored
Entities and authorize the County Judge to sign same as they are returned.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
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 scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
County Jude
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 towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
We will be putting these contracts on the agenda for November 11. Please review and
circulate. There are too many to copy for each one.
We are still missing the contract for Region J and AACOG Transit.
These contracts need to be approved as to form and authorize the County Judge to sign
same when they are returned.
Thea
#1~~~
#2
~,_
~.
# 3 ~ =E ~~
#4

CASA CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, (hereinafter referred to as "County"), a
political subdivision of the State of Texas, has determined that the expenditures of
County funds proposed herein serve public purposes and has further determined that the
State of Texas, by its Constitution or by its state statutes, either explicitly or implicitly,
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 Hill Country Court-Appointed
Special Advocates, hereinafter referred to as "CASA," a Texas nonprofit corporation, so
that CASA may use said public funds for the purposes contemplated herein, but only if
the expenditure is to accomplish "county business" (which encompasses matters of
general concern to County residents) and only if County assures itself that the funds to be
transferred by this contract are subject to adequate contractual or other controls to ensure
that expenditure of said County funds for the public purpose stated herein will be
accomplished and so long as County receives adequate consideration for the County
funds to be provided by this contract; and
WHEREAS, County has the authority, under §264.006, Texas Family Code, to
provide services to and support of children in need of protection and care, without regard
to the immigration status or financial status of the child or the child's family and further,
that County has determined such activities serve valuable public purposes and also
constitute county business; and;
WHEREAS, CASA is an agency that advocates for the needs of children who
may be involved in the court system, provides volunteers who serve as guardians ad litem
for such children, conducts court-ordered family studies concerning the families of such
children, and gathers other information requested by the courts and further, CASA desires
to enter into a contract with County to continue to provide those services to County and
to residents of County.
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to
County, CASA shall be entitled to a lump sum not to exceed $3,000.00. Such
amount shall be disbursed by County to CASA on or after January 1, 2004, upon
written request from CASA.
2. Insurance. CASH 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. CASA will provide services to the County and the residents of
Kerr County, hereinafter referred to as the "program," as follows:
a. Provide guardians ad litem for use in County in appropriate cases relating
to children as ordered by the presiding judges of County courts.
b. Provide family studies and perform such other information gathering
services as requested by County.
4. IRS classification. CASA'S Internal Revenue Service, nonprofit
classification is and its IRS EIN is
5. Most recent financial and performance reports. CASA shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of CASA's most
current independent financial audit or end-of--year financial report of all
expenditures and income for the period of CASA's fiscal year ending in calendar
year 2002, within 30 days of the approval of this contract. CASA shall provide to
the Kerr Country Auditor and the Kerr County Judge each a performance review
by which CASA gives details of services provided and clients served for the
previous CASA fiscal year, not later than 30 days after the approval of this
contract.
6. Prospective financial and performance reports. CASA shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of CASA's
independent financial audit or end-of--year financial report of all expenditures and
income for the period of CASA's current fiscal year ending in calendar year 2003,
by the earlier of thirty (30) days following its receipt by CASA or by February 16,
2004. CASA shall provide to the Kerr County Auditor and the Kerr County
Judge each a performance review by which CASA gives details of services
provided and clients served for the CASA's current fiscal year ending in calendar
year 2003, by February 16, 2004.
7. Term. The term of this contract is one year beginning on October 1, 2003.
and ending on September 30, 2004, unless earlier terminated by either party on
thirty (30) days written notice. The date of the commencement of the term of said
contract may be modified by agreement of the parties. This contract is effective
upon approval by Order of the County Commissioners Court.
8. Use of funds. No moneys paid to CASA shall be expended for any
purpose other than for the providing of the aforementioned services to the courts,
2
the juvenile probation department, other County departments engaged in the
providing of services related to children, and to residents of County; specifically,
no such moneys may be expended by CASA for the provision of salaries to any
person.
9. Books and records. All books and records of CASA shall be open for
inspection during normal business hours to any member of the public, County
Auditor, and such persons as may be given that authority, in writing, by County
Commissioners' Court, provided, that this clause shall in no way be construed to
override the provisions of the Federal Privacy Act or other state of federal law or
regulation concerning the disclosure of confidential or privacy matters.
10. Non-exclusion. This contract is not exclusive and County reserves the
right to contract with additional parties for the provision of the aforementioned
services to the courts, the juvenile probation department, other County
departments engaged in the providing of services related to children, and to
residents of County.
11. Non-discrimination. CASH agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by CASA'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. CASA agrees to adopt and maintain a
policy that prohibits sexual harassment. Any act of sexual harassment by
CASA'S employees or principals constitutes a material breach of this contract.
13. Applicable laws. CASA 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
CASA. 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 often (10) days after notice thereof by the non-
defaulting party to the other, 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.
15. 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 CASA may not assign this contract without
County's prior written consent.
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
administration of the program 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 CASA, and
4
CASA shall have no authority to bind County to any contract, matter, or
obligation. No duties of County are delegated to CASA 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
CASA, 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 paragraphs of this contract are for convenience only, and
shall not define, interpret, affect, or prescribe the meaning and interpretation of
the provisions of this contract.
KERB COUNTY
By:
Pat Tinley
Kerr County Judge
CASA
By:
President or Executive Director, CASA
Date:
COUNTY:
Kerr County
700 Main Street
Kerrville, Texas 78028
Date:
NOTICES
HILL COUNTRY CASA:
Executive Director, CASA
P.O. Box 290965
Kerrville, Texas 78029
5
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
contract was accepted, approved and agreed to by the Commissioners' Court of Kerr
County, Texas on , 2003, in Order No. ,recorded and
filed in Volume ,Page , of the Minutes of the Commissioners' Court of
Kerr County, Texas.
Jannett Pieper
County Clerk
Kerr County, Texas
Date:
6
~^ ` y If
.~~ LJ
DIETERT CLAIM CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, (hereinafter referred to as "County"), a
political subdivision of the State of Texas, has determined that the expenditures of
County funds proposed herein serve public purposes and has further determined that the
State of Texas, by its Constitution or by its state statutes, either explicitly or implicitly,
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 Dietert Claim, a 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 if County assures itself that the funds to be transferred by this contract
are subject to adequate contractual or other controls to ensure that expenditure of said
County funds for the public purposes 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 Government
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 are unable to support themselves, 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
nonprofit 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 County and to residents of County and further, Dietert desires to
enter into a contract to provide services to County;
IT IS THEREFORE AGREED THAT:
Consideration. In consideration for the services described below to the residents
of County, Dietert shall be entitled to a lump sum not to exceed $15,000.00. Such
amount shall be disbursed by County to Dietert on or after January 1, 2004, 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 County and to residents of County,
hereinafter referred to as the "program," as follows:
a. Recreational facilities and programs to County's elderly.
b. Provide meals to the indigent elderly of County.
4. IRS classification. Dietert's Internal Revenue Service, nonprofit classification is
501(c)(3) and its IRS EIN is 74-2697204.
5. Most recent financial and performance reports. Dietert shall submit to the Kerr
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 year ending in calendar year 2002, 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 Dietert's previous fiscal
year, 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 current fiscal year ending in calendar year 2003, by the
earlier of thirty (30) days following its receipt by Dietert or by February 16, 2004.
Dietert shall provide to the Kerr County Auditor and the Kerr County Judge each
a performance review by which Dietert gives details of services provided and
2
clients served for the Dietert's current fiscal year ending in calendar year 2003, by
February 16, 2004.
7. Term. The term of this contract is one year beginning on October 1, 2003, and
ending on September 30, 2004, unless earlier terminated by either party on thirty
(30) days written notice. The date of the commencement of the term of said
contract may be modified by agreement of the parties. This contract is effective
upon approval by Order of the Kerr County Commissioners' Court.
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; specifically, no such moneys
may be expended by Dietert 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
County and to residents of County.
11.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, political belief, or other non-merit factor. Any act of discrimination
shall constitute a material breach of this contract.
12. Sexual harassment prohibited. Dietert agrees to adopt and maintain a policy that
prohibits sexual harassment. Any act of sexual harassment by Dietert's
employees or principals constitutes a material breach of this contract.
13. Applicable laws. Dietert 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 Dietert.
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 often (10) days after notice thereof by the non-
defaulting party to the other, 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.
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 Dietert may not assign this contract without
County's prior written consent.
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.
4
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 is a contract for the
administration of the program 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 Dietert and
Dietert shall have no authority to bind County to any contract, matter, or
obligation. No duties of County are delegated to Dietert by this contract and any
provision which is or may be held to be such a delegation shall be of no force or
effect.
20. Modification and termination. This contract may be amended, modified,
terminated, or released only by written instrument executed by County and
Dietert, 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 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.
KERR COUNTY
By:
PAT TINLEY
Kerr County Judge
Date:
COUNTY:
Pat Tinley
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
DIETERT CLAIM
By:
TINA WOODS
Executive Director
Dietert Board
Date:
NOTICES
DIETERT CLAIM:
Tina Woods
Executive Director
617 Jefferson Street
Kerrville, Texas 78028
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
contract was accepted, approved and agreed to by the Commissioners' Court of Kerr
County, Texas on , 2003, in Order No. ,recorded and
filed in Volume ,Page , of the Minutes of the Commissioners' Court of
Kerr County, Texas.
Jannett Pieper
County Clerk
Kerr County, Texas
Date:
6
I ! '~° /
~`
~, .~ ~ u
HILL COUNTRY CRISIS COUNCIL CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, (hereinafter referred to as "County"), a
political subdivision of the State of Texas, has determined that the expenditures of
County funds proposed herein serve public purposes and has further determined that the
State of Texas, by its Constitution or by its state statutes, either explicitly or implicitly,
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 Hill Country Crisis
Council, a Texas nonprofit corporation, hereinafter referred to as "Crisis Council," so that
Crisis Council may use said public funds for the purposes contemplated herein, but only
if the expenditure is to accomplish "county business" (which encompasses matters of
general concern to County residents) and only if County assures itself that the funds to be
transferred by this contract are subject to adequate contractual or other controls to ensure
that expenditure of said County funds for the public purposes stated herein will be
accomplished and so long as County receives adequate consideration for County funds to
be provided by this contract; and
WHEREAS, County has the authority, under §264.006, Texas Family Code, to
provide services to and support of children in need of protection and care, without regard
to the immigration status or financial status of the child or the child's family and further,
that County has determined such activities serve valuable public purposes and also
constitute county business; and
WHEREAS, Crisis Council is engaged in providing support, protection, care,
counseling, advocacy, housing, and other services to victims of family violence, which
victims include children and further maintains a program for education and counseling
for those who commit acts of family violence and further does review applications for
family violence protective orders for County Attorney and does assist family violence
protective order applicants to complete necessary application paperwork, and desires to
enter into a contract with County to provide certain services to County and to residents of
County.
IT IS THEREFORE AGREED THAT:
Consideration. In consideration for the services described below to 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 January 1,
2004, upon written request from Crisis Council.
2. Insurance. Crisis Council shall at all times maintain a policy of liability insurance
for premises liability for personal injury. Said policy shall be in the minimum
amount of $300,000.00.
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.
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.
Provide services to and support for children victims of family violence
who need protection and care.
4. IRS classification. Crisis Council's Internal Revenue Service, nonprofit
classification is 501(c)(3) and its IRS EIN is 74-2416819.
5. Most recent financial and performance reports. Crisis Council shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of Crisis Council's
most current independent financial audit or end-of--year financial report of all
expenditures and income for the period of Crisis Council's fiscal year ending in
calendar year 2002, within 30 days of the approval of this contract. Crisis
Council shall provide to the Kerr Country Auditor and the Kerr County Judge
each a performance review by which Crisis Council gives details of services
provided and clients served for the previous Crisis Council fiscal year, not later
than 30 days after the approval of this contract.
6. Prospective financial and performance reports. Crisis Council shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of Crisis Council's
independent financial audit or end-of--year financial report of all expenditures and
income for the period of Crisis Council's current fiscal year ending in calendar
year 2003, by the earlier of thirty (30) days following its receipt by Crisis Council
or by February 16, 2004. Crisis Council shall provide to the Kerr County Auditor
and the Kerr County Judge each a performance review by which Crisis Council
gives details of services provided and clients served for the Crisis Council's
current fiscal year ending in calendar year 2003, by February 16, 2004.
2
7. Term. The term of this contract is one year beginning on October 1, 2003, and
ending on September 30, 2004, unless earlier terminated by either party on thirty
(30) days written notice. The date of the commencement of the term of said
contract may be modified by agreement of the parties. This contract is effective
upon approval by Order of the County Commissioners' Court.
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; specifically; that no such moneys may
be expended by Crisis Council 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, County
Auditor, and such persons as may be given that authority, in writing, by County
Commissioners' Court, provided, however, that this clause shall in no way be
construed to override the provisions of the Federal Privacy Act or other state of
federal law or regulation concerning the disclosure of confidential or privacy
matters.
10. Non-exclusion. This contract is not exclusive and County reserves the right to
contract with additional parties for the provision of the aforementioned services to
County, County departments, and residents of County.
11. Non-discrimination. Crisis Council agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by Crisis Council's employees or principals on the basis
of race, sex, age, religion, color, handicap, disability, national origin, language,
political affiliation, political belief, or other non-merit factor. Any act of
discrimination shall constitute a material breach of this contract.
12. Sexual harassment prohibited. Crisis Council agrees to adopt and maintain a
policy that prohibits sexual harassment. Any act of sexual harassment by Crisis
Council's employees or principals constitutes a material breach of this contract.
13. Applicable laws. Crisis Council agrees to comply with any and all applicable
laws, local, state, and federal, regarding work hours, safety, wages, social security
benefits, discrimination, and/or workers compensation. This clause places a duty
to meet the requirements of such laws only if the law itself places such a duty on
Crisis Council. Any act in violation of any of those laws or ordinances shall
constitute a material breach of this contract.
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 often (10)
days after notice thereof by the non-defaulting party to the other, 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.
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 Crisis Council may not assign this contract
without County's prior written consent.
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,
4
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 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 Crisis Council, and Crisis Council shall have no
authority to bind County to any contract, matter, or obligation. No duties of
County are delegated to 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 effect.
20. Modification and termination. This contract may be amended, modified,
terminated, or released only by written instrument executed by County and Crisis
Council, except as herein otherwise provided.
21. Total a reement. 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 HILL COUNTRY CRISIS COUNCIL
By: By:
Pat Tinley Bobbie R. Lesser, Executive Director
Kerr County Judge Hill Country Crisis Council Board
Date: Date:
NOTICES
COUNTY: HILL COUNTRY CRISIS COUNCIL:
Kerr County Judge Executive Director
700 Main Street Hill Country Crisis Council
Kerrville, Texas 78028 P.O. Box 291817
Kerrville, Texas 78029-1817
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
contract was accepted, approved and agreed to by the Commissioners' Court of Kerr
County, Texas on , 2003, in Order No. ,recorded and
filed in Volume ,Page , of the Minutes of the Commissioners' Court of
Kerr County, Texas.
Jannett Pieper
County Clerk
Kerr County, Texas
Date:
6
`~ ~"~,
z
~' ~`,, .~
~~ U
KERR COUNTY SOIL & WATER CONSERVATION DISTRICT CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, (hereinafter referred to as "County"), a
political subdivision of the State of Texas, has determined that the expenditures of
County funds proposed herein serves public purposes and has further determined that the
State of Texas, by its Constitution or by its state statutes, either explicitly or implicitly,
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 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 County assures itself that the funds to be
transferred by this contract are subject to adequate contractual or other controls to ensure
that expenditure of said County funds for the public purposes 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 purposes authorized by Chapter 201, Texas
Agricultural Code; and
WHEREAS, pursuant to §20 L 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 County 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 further, 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 be well-educated about
local conservation plans and further, 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 and
further, District desires to enter into a contract to provide certain services to County and
to residents of 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 January 1, 2004, 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 Board.
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, hereinafter referred to as the "program," as follows:
a. District shall provide to the citizens of County, technical assistance and
advice regarding rainfall run-off, other soil and water conservation
practices, techniques and other related matters.
b. District shall generally promote the use of modern conservation
techniques by dissemination of printed materials.
c. District shall educate the citizens of County as to the crucial need for such
techniques by assisting area 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 on to others.
d. District shall further educate the citizens of County as to the crucial need
for such techniques by preparing and disseminating an annual report and
calendar for the use of County landowners.
2
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, nonprofit classification is
501(c)(3) and its IRS EIN is 74-1704781.
5. Most recent financial and performance reports. District shall submit to the Kerr
County Auditor and the Kerr County Judge each a copy of District's most current
independent financial audit or end-of--year financial report of all expenditures and
income for the period of District's fiscal year ending in calendar year 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 District fiscal
year, not later than 30 days after the approval of this contract.
6. Prospective financial and performance reports. District shall submit to the Kerr
County Auditor and the Kerr County Judge each a copy of District's independent
financial audit or end-of--year financial report of all expenditures and income for the
period of District's current fiscal year ending in calendar year 2003, by the earlier of
thirty (30) days following its receipt by District or by February 16, 2004. District
shall provide to the Kerr County Auditor and the Kerr County Judge each a
performance review by which District gives details of services provided and clients
served for the District's current fiscal year ending in calendar year 2003, by February
16, 2004.
7. Term. The term of this contract is one year beginning on October 1, 2003, and
ending on September 30, 2004, unless earlier terminated by either party on thirty {30)
days written notice. The date of the commencement of the term of said contract may
be modified by agreement of the parties. This contract is effective upon approval by
Order of the Kerr County Commissioners' Court.
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 County;
specifically, no such moneys may be expended by District for the provision of
salaries to any person.
9. Books and records. All books and records of District shall be open for inspection
during normal business hours to any member of the public, County Auditor, and such
persons as may be given that authority, in writing, by 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.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.
12. Sexual harassment prohibited. District 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.
13. 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 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 often (10) days after notice thereof by the non-defaulting party to the
other, 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.
4
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 District may not assign this contract without County's prior
written consent.
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 maybe
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 is a contract for administration of the
program 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 District, and District shall have
no authority to bind County to any contract, matter, or obligation. No duties of
County are 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.
20. 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.
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 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.
Kerr County
Kerr County Soil & Water Conservation District
By: By;
Pat Tinley George Holekamp, Chairman of the Board,
Kerr County Judge Kerr County Soil & Water Conservation District
Date: Date:
NOTICES
Kerr County Kerr County Soil & Water Conservation District
Kerr County Judge George Holekamp, Chairman of the Board,
700 Main Street Kerr County Soil & Water Conservation District
Kerrville, Texas 78028 420 Water Street
Kerrville, Texas 78028
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
contract was accepted, approved and agreed to by the Commissioners' Court of Kerr
County, Texas on , 2003, in Order No. ,recorded
and filed in Volume ,Page , of the Minutes of the Commissioners' Court
of Kerr County, Texas.
Jannett Pieper
County Clerk
Kerr County, Texas
Date:
6
,, ~; ~ ~`~
~_~' LV
KERB ECONOMIC DEVELOPMENT FOUNDATION 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 serve public purposes and has further determined that the
State of Texas, by its Constitution or by its state statutes, either explicitly or implicitly,
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 Kerr Economic Development
Foundation, a Texas nonprofit foundation, hereinafter referred to as "KEDF," so that
KEDF may use said public funds for the purposes contemplated herein, but only if the
expenditure is to accomplish "county business" (which encompasses matters of general
concern to County residents} and only if County assures itself that the funds to be
transferred by this contract are subject to adequate contractual or other controls to ensure
that expenditure of said County funds for the public purposes 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, on or about September 24, 2001, County adopted its Kerr County
Economic Development Program (hereinafter referred to as "Program"), a true and
correct copy of which is attached hereto as "Exhibit A" and made a part hereof for all
purposes; and
WHEREAS, County has the authority, under §381.004, Texas Local Government
Code, to stimulate business and commercial activity in County by developing and
administering a program to promote local economic development and to stimulate,
encourage, and develop business location and commercial activity within County; and,
WHEREAS, County has the authority, under §381.004, Texas Local Government
Code, to contract with a nonprofit organization or foundation for the administration of the
Program; and,
WHEREAS, KEDF, as a nonprofit corporation has agreed to administer the
Program upon and subject to the terms, provisions, conditions and limitations herein set
forth.
IT IS THEREFORE AGREED THAT:
Consideration. In consideration for the services described below to County and to
the residents of County, County shall pay KEDF $5,000.00 for administration of
the Program during County's 2003-2004 fiscal year, subject to the availability and
appropriation by the County of revenues for economic development. Such
amount shall be disbursed by County to KEDF on or after January 1, 2004, upon
written request from KEDF.
2. Services. KEDF shall administer Program for the County as part of the 2003
KEDF Business Development Plan (hereinafter referred to as "Business Plan"), as
amended from time to time and shall comply with the Business Plan and all
applicable laws. KEDF agrees to exercise its best efforts to carry out and
complete Program as part of Business Plan.
IRS classification. KEDF's Internal Revenue Service, nonprofit classification is
501(c)(6) and its IRS EIN is 74-1739077.
4. Reports. KEDF shall produce a detailed monthly statement as to receipts,
expenses, and charges for or with respect to Business Plan and the then current
Marketing Plan and Budget and provide a copy of same to County Judge and
County Auditor by the 10`" of the month following.
5. Term. The term of this contract is one year beginning on October 1, 2003, and
ending on September 30, 2004, unless earlier terminated by either party on thirty
(30) days written notice. This contract is effective upon approval by Order of the
Kerr County Commissioners' Court.
6. Use of funds. No moneys paid to KEDF shall be expended for any purpose other
than for providing the aforementioned services to County and citizens of County;
specifically, no such moneys may be expended by KEDF for the provision of
salaries to any person.
7. Books and records. KEDF shall maintain books and records reflecting all
receipts, costs, charges, and expenses. All books and records of KEDF shall be
open for inspection during normal business hours to any member of the public,
the Kerr County Auditor, and such persons as maybe 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.
2
8. 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.
9. Non-discrimination. KEDF agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by KEDF'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.
10. Sexual harassment prohibited. KEDF agrees to adopt and maintain a policy that
prohibits sexual harassment. Any act of sexual harassment by KEDF's employees
or principals constitutes a material breach of this contract.
11. Applicable laws. KEDF 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 KEDF.
Any act in violation of any of those laws or ordinances shall constitute a material
breach of this contract.
12. 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 often (10) days after notice thereof by the non-
defaulting party to the other, 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Relationship. The parties hereby agree that this is a contract for the
administration of the program 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 KEDF and
KEDF shall have no 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
effect.
18. Modification and termination. This contract may be amended, modified,
terminated, or released only by written instrument executed by County and
KEDF, except as herein otherwise provided.
19. 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
4
written agreements, promises, or representations between them. The headings of
the various paragraphs of this contract are for convenience only, and shall not
define, interpret, affect, or prescribe the meaning and interpretation of the
provisions of this contract.
KERB COUNTY
By:
PAT TINLEY
Kerr County Judge
Date:
COUNTY:
Pat Tinley
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
KEDF
By:_
Date:
NOTICES
KEDF:
Guy R. Overby
Executive Director, KEDF
Executive Director
Kerr Economic Development Foundation
1700 Sidney Baker, Suite 200, # 4
Kerrville, Texas 78028
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
contract was accepted, approved and agreed to by the Commissioners' Court of Kerr
County, Texas on , 2003, in Order No. ,recorded and
filed in Volume ,Page , of the Minutes of the Commissioners' Court of
Kerr County, Texas.
Jannett Pieper
County Clerk
Kerr County, Texas
Date:
5
ORDER NO. R7R63
KERB COUNTY ECONOMIC DEVELOPMENT PROGRAM
On this the Roth day of September 2001, upon a motion made by
Commissioner Griffin, seconded by Commissioner Williams,, the
Court unanimously approved by a vote of 4-0-0, the Ker-r• County
Economic Development Program and authorized County Judge to
negotiate a contract with the Kerr Economic Development
Foundation for implementation of the Kerr County Economic
Development Program.
Exhibit A
KERB COUNTY ECONOMIC DEVELOPMENT PROGRAM
Pursuant to Section 381.004, Texas Local Government Code, the Kerr County
Commissioners Court adopts the following KERB COUNTY ECONOMIC
DEVELOPMENT PROGRAM.
1. PURPOSE: The purpose of the Kerr County Economic Development Progntrn
shall be to stimulate, encourage, and develop appropriate business location and
commercial activity in Kerr County. An appropriate business is one drat wilt
contribute :positively to the long-term economic development of Kerr County
without adversely affecting the scarce natural resources of Ken County and the
Hill Country.
2. ELEMEN"i'S: To effectuate this Program, the Commissioners Court may take
such acts or participate in such activities as it shall deem appropriate includ'mg,
but without limitation, the following:
a. Meet with appropriate businesses or commercial ernerprises interested in
relocating to Kerr County or expanding existing operations in Kerr
County;
b. Provide statistical information helpfu! to appropriate businesses or
commercial operations interested in relocating to Ken County or
expanding existing operations in Kerr County;
c. Cooperate with appropriate businesses or commercial aperations
interested in relocating to Kerr County or expanding existing operations in
Kerr County in accessing loan, grant or training programs offered ttrrough
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 Ken County.
3. METHODS; l:n accomplishing this Program, the Commissioners Court may:
Contract with another governmental entity or non-profit corporation for
the administration of the Program;
Use Kerr County empbyees or funds for the Program; or
Accept contributions, gifts, or other resources to develop and administer to
Pragram.
~b_
'~._.. .
KIDS' ADVOCACY PLACE CONTRACT
STATE OF TEXAS §
COUNTY OF KERB §
WHEREAS, Kerr County, Texas, (hereinafter referred to as "County"),apolitical
subdivision of the State of Texas, has determined that the expenditures of County funds
proposed herein serve public purposes and has further determined that the State of Texas,
by its Constitution or by its state statutes, either explicitly or implicitly, 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 Kids' Advocacy Place, a Texas nonprofit
corporation, hereinafter referred to as "KAP," so that KAP may use said public funds for
the purposes contemplated herein, but only if the expenditure is to accomplish "county
business" (which encompasses matters of general concern to County residents) and only
if County assures itself that the funds to be transferred by this contract are subject to
adequate contractual or other controls to ensure that expenditure of said County funds for
the public purposes 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, Kerr County, Texas, (hereinafter referred to as "County"),apolitical
subdivision of the State of Texas, has the authority and duty to assist in conducting
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 contribute County funds 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,
WHEREAS, County, pursuant to §264.403, Texas Family Code, has the authority
to develop, maintain, and support, through a 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 are the victims of child
abuse and neglect; and,
WHEREAS, KAP, is a children's advocacy center, engaged in providing
investigations of child abuse and assisting the child victims of abuse and neglect and their
families and further, KAP 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.
IT IS THEREFORE AGREED THAT:
Consideration. In consideration for the services described below to the residents
of County, KAP shall be entitled to a lump sum not to exceed $3,000.00 per
annum. Such amount shall be disbursed by County to KAP on or after January 1,
2004, 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 $ 300,000.00.
3. Services. KAP shall provide services to the residents of County, hereinafter
referred to as the "program," as follows:
a. To provide the children of County and surrounding counties with a
facility where children who are the victims of sexual and/or physical
abuse and their non-offending family members can go for assessment,
evaluation, intervention, and counseling.
b. To provide the agencies and professionals of County 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 area 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 preparation for their court
appearances.
e. To provide a location where local and area law enforcement agencies,
multidisciplinary teams, 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, nonprofit classification is _
and its IRS EIN is
5. Most recent financial and~erformance reports. KAP shall submit to the Kerr
County Auditor and the Kerr County Judge each a copy of KAP's most current
independent financial audit or end-of--year financial report of all expenditures and
income for the period of KAP's fiscal year ending in calendar year 2002, within
30 days of the approval of this contract. KAP shall provide to the Kerr County
Auditor and the Kerr County Judge each a performance review by which KAP
2
gives details of services provided and clients served for the previous KAP fiscal
year, not later than 30 days after the approval of this contract.
6. Prospective financial and performance reports. KAP shall submit to the Kerr
County Auditor and the Kerr County Judge each a copy of KAP's independent
financial audit or end-of--year financial report of all expenditures and income for
the period of KAP's current fiscal year ending in calendar year 2003, by the earlier
of thirty (30) days following its receipt by KAP or by February 16, 2004. KAP
shall provide to the Kerr County Auditor and the Kerr County Judge each a
performance review by which KAP gives details of services provided and clients
served for the KAP's current fiscal year ending in calendar year 2003, by February
16, 2004.
7. Term. The term of this contract is one year, beginning on October 1, 2003, and
ending on September 30, 2004, unless earlier terminated by either party on thirty
(30) days written notice. This contract is effective upon approval by order of the
Kerr County Commissioners' Court.
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 are victims of child abuse and neglect; specifically no such moneys may be
expended by KAP for the provision of salaries to any person, with the exception
of the person or persons who shall conduct 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, County Auditor, and
such persons as may be given that authority, in writing, by Commissioners' Court,
provided, however, that this clause shall in no way be construed to override the
provisions of the Federal Privacy Act or other state of federal law or regulation
concerning the disclosure of confidential or privacy matters.
10. Non-exclusion. This contract is not exclusive and County reserves the right to
contract with additional parties for the provision of the aforementioned services to
County and to residents of County.
11. Non-discrimination. KAP agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit 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.
12. Sexual harassment prohibited. KAP agrees to adopt and maintain a policy that
prohibits sexual harassment. Any act of sexual harassment constitutes a material
breach of this contract.
13. Applicable laws. KAP agrees to comply with any and all applicable laws, local,
state, and federal, regarding 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.
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 often (10) days after notice thereof by the non-
defaulting party to the other, the non-defaulting party shall be entitled to
terminate this contract.
(B.) No delay on the part of either party in exercising any right, power, or
privilege shall operate as a waiver thereof, nor shall any single or partial
exercise of any right, power, or privilege constitute such a waiver nor
exhaust the same, which shall be continuing. No notice to or demand on
either party in any case shall entitle such party to any other or further
notice or demand in similar or other circumstances, or constitute a waiver
of the rights of either party to any other or further action in any
circumstances without notice or demand.
16. Successors and assigns. This contract shall inure to the benefit of, and be
binding upon, the parties hereto and their respective heirs, legal representatives,
successors, and assigns, provided that 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, Kerr County, Texas.
18. Notices. Any notice or communication hereunder must be in writing, and may
be given by registered or certified mail; if given by registered or certified mail,
same shall be deemed to have been given and received when a registered or
certified letter containing such notice, properly addressed, with postage prepaid, is
deposited in the United States mail; and if given otherwise than by registered
mail, it shall be deemed to have been given when delivered to and received by the
party to whom it is addressed. Such notices or communications shall be given to
the parties hereto at the addresses set forth below. Any party hereto may at any
time by giving ten (10) days written notice to the other party hereto designate any
other address in substitution of the foregoing address to which such notice or
communication shall be given.
4
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 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 KAP and KAP
shall have no authority to bind County to any contract, matter, or obligation. No
duties of County are 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 effect.
21. Modification and Termination. This contract may be amended, modified,
terminated, or released only by written instrument executed by County and KAP,
except as herein otherwise provided.
22. Total Agreement. This contract is a total and complete integration of any and
all undertakings existing between the parties hereto and supersedes any prior oral
or written agreements, promises, or representations between them. The headings
of the various paragraphs of this contract are for convenience only, and shall not
define, interpret, affect, or prescribe the meaning and interpretation of the
provisions of this contract.
KERB COUNTY
By:
Date:
Pat Tinley
Kerr County Judge
COUNTY:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
President of the Board
KIDS' ADVOCACY PLACE:
President of the Board
Kids' Advocacy Place
P.O. Box 1722
Kerrville, Texas 78029-1722
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
agreement was accepted and agreed to by the Commissioners' Court of Kerr County,
Texas on , 2003, in Order No. recorded and
filed in Volume ,Page of the Minutes of the Commissioners' Court of
Kerr County, Texas.
Jannett Pieper
County Clerk
Kerr County, Texas
Date:
KIDS' ADVOCACY PLACE
By:
Date:
NOTICES
6
`~..._ y' '`_;~~. ~ 8
;. S
K'STAR 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 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 explicitly or
implicitly, 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 K' Star, a Texas
nonprofit corporation so that K' Star may use said public funds for the purposes
contemplated herein, but only if the expenditure is to accomplish "county business"
(which encompasses matters of general concern to County residents) and only if County
assures itself that the funds to be transferred by this contract are subject to adequate
contractual or other controls to ensure that expenditure of said County funds for the
public purpose stated herein will be accomplished and so long as County receives
adequate consideration for the County funds to be provided by this contract; and
WHEREAS, County has the authority, under §264.006, Texas Family Code, to
provide services to and support of children in need of protection and care, without regard
to the immigration status or financial status of the child or the child's family and further,
that County has determined such activities serve valuable public purposes and also
constitute county business; and
WHEREAS, K' Star, hereinafter "K' Star," a Texas nonprofit corporation, is
engaged in providing shelter, protection, care, nourishing meals, sanctuary, counseling,
guidance, and support for runaway children, other "at-risk" children and certain juvenile
respondents and further, K'Star desires to enter into a contract with County to continue to
provide those services to County and to residents of County.
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to the
County, K'Star shall be entitled to a lump sum not to exceed $5,000.00. Such
amount shall be disbursed by County to K'Star on or after January 1, 2004, upon
written request from K' Star.
2. Insurance. K'Star 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. K' Star will provide services to County and the residents of Kerr
County, hereinafter referred to as the "program," as follows:
a. a short-term emergency shelter for youth "in need" and/or "at risk.
b. food, clothing, counseling, and education to youth "in need" and/or "at-
risk."
facilities for residential placement of youth in need of protection or other
assistance.
4. IRS classification. K'Star's Internal Revenue Service, nonprofit
classification is and its IRS EIN is
5. Most recent financial and performance reports. K' Star shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of K'Star's most
current independent financial audit or end-of--year financial report of all
expenditures and income for the period of K'Star's fiscal year ending in calendar
year 2002, within 30 days of the approval of this contract. K'Star shall provide to
the Kerr Country Auditor and the Kerr County Judge each a performance review
by which K' Star gives details of services provided and clients served for the
previous K'Star fiscal year, not later than 30 days after the approval of this
contract.
6. Prospective financial and performance reports. K' Star shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of K' Star's
independent financial audit or end-of--year financial report of all expenditures and
income for the period of K' Star's current fiscal year ending in calendar year 2003,
by the earlier of thirty (30) days following its receipt by K'Star or by February 16,
2004. K' Star shall provide to the Kerr County Auditor and the Kerr County
Judge each a performance review by which K' Star gives details of services
provided and clients served for the K'Star's current fiscal year ending in calendar
year 2003, by February 16, 2004.
7. Term. The term of this contract is one year beginning on October 1,
2003, and ending on September 30, 2004, unless earlier terminated by either party
on thirty (30) days written notice. The date of the commencement of the term of
said contract may be modified by agreement of the parties. This contract is
effective upon approval by Order of the County Commissioners Court.
2
8. Use of funds. No moneys paid to K' Star shall be expended for any
purpose other than for the providing of the aforementioned services to the courts,
the juvenile probation department, other County departments engaged in the
providing of services related to children, and to residents of County; specifically,
no such moneys may be expended by K'Star for the provision of salaries to any
person.
9. Books and records. All books and records of K' Star shall be open for
inspection during normal business hours to any member of the public, County
Auditor, and such persons as may be given that authority, in writing, by County
Commissioners' Court, provided, however, that this clause shall in no way be
construed to override the provisions of the Federal Privacy Act or other state of
federal law or regulation concerning the disclosure of confidential or privacy
matters.
10. Non-exclusion. This contract is not exclusive and County reserves the
right to contract with additional parties for the provision of the aforementioned
services to County departments, to County, and residents of County.
11. Non-discrimination. K'Star agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by K' Star'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. K'Star agrees to adopt and maintain a
policy that prohibits sexual harassment. Any act of sexual harassment by
K' Star's employees or principals constitutes a material breach of this contract.
13. Applicable laws. K' Star 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
K' Star. 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 often (10) days after notice thereof by the non-
defaulting party to the other, 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.
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 K'Star may not assign this contract without
County's prior written consent.
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
administration of the program described herein and hereby renounce the existence
4
of any other relationship. In no event shall County have any obligation or liability
whatsoever with respect to any debts, obligations, or liabilities of K'Star, and
K' Star shall have no authority to bind County to any contract, matter, or
obligation. No duties of County are delegated to K' Star by this contract and any
provision which is or may be held to be such a delegation shall be of no force or
effect.
20. Modification and termination. This contract may be amended, modified,
terminated, or released only by written instrument executed by County and
K' Star, 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 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.
KERR COUNTY
By:
K' STAR
By:
Pat Tinley
Kerr County Judge President, of the K'Star Board
Date: Date:
NOTICES
County: K' Star:
Kerr County Executive Director, K' Star
700 Main Street P.O. Box 290962
Kerrville, Texas 78028 Kerrville, Texas 78029-0962
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Ken County, Texas, certify that the above
agreement was accepted and agreed to by the Commissioners' Court of Kerr County,
Texas on , 2003, in Order No. ,recorded and
filed in Volume ,Page of the Minutes of the Commissioners' Court of
Kerr County, Texas.
Jannett Pieper
County Clerk
Kerr County, Texas
Date:
6
KERB ECONOMIC DEVELOPMENT FOUNDATION 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 serve public purposes and has further determined that the
State of Texas, by its Constitution or by its state statutes, either explicitly or implicitly,
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 Kerr Economic Development
Foundation, a Texas nonprofit foundation, hereinafter referred to as "KEDF," so that
KEDF may use said public funds for the purposes contemplated herein, but only if the
expenditure is to accomplish "county business" (which encompasses matters of general
concern to County residents) and only if County assures itself that the funds to be
transferred by this contract are subject to adequate contractual or other controls to ensure
that expenditure of said County funds for the public purposes 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, on or about September 24, 2001, County adopted its Kerr County
Economic Development Program (hereinafter referred to as "Program"), a true and
correct copy of which is attached hereto as "Exhibit A" and made a part hereof for all
purposes; and
WHEREAS, County has the authority, under §381.004, Texas Local Government
Code, to stimulate business and commercial activity in County by developing and
administering a program to promote local economic development and to stimulate,
encourage, and develop business location and commercial activity within County; and,
WHEREAS, County has the authority, under §381.004, Texas Local Government
Code, to contract with a nonprofit organization or foundation for the administration of the
Program; and,
WHEREAS, KEDF, as a nonprofit corporation has agreed to administer the
Program upon and subject to the terms, provisions, conditions and limitations herein set
forth.
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to County and to
the residents of County, County shall pay KEDF $5,000.00 for administration of
the Program during County's 2003-2004 fiscal year, subject to the availability and
appropriation by the County of revenues for economic development. Such
amount shall be disbursed by County to KEDF on or after January 1, 2004, upon
written request from KEDF.
2. Services. KEDF shall administer Program for the County as part of the 2003
KEDF Business Development Plan (hereinafter referred to as "Business Plan"), as
amended from time to time and shall comply with the Business Plan and all
applicable laws. KEDF agrees to exercise its best efforts to carry out and
complete Program as part of Business Plan.
3. IRS classification. KEDF's Internal Revenue Service, nonprofit classification is
501(c)(6) and its IRS EIN is 74-1739077.
4. Reports. KEDF shall produce a detailed monthly statement as to receipts,
expenses, and charges for or with respect to Business Plan and the then current
Marketing Plan and Budget and provide a copy of same to County Judge and
County Auditor by the 10`h of the month following.
Term. The term of this contract is one year beginning on October 1, 2003, and
ending on September 30, 2004, unless earlier terminated by either party on thirty
(30) days written notice. This contract is effective upon approval by Order of the
Kerr County Commissioners' Court.
6. Use of funds. No moneys paid to KEDF shall be expended for any purpose other
than for providing the aforementioned services to County and citizens of County;
specifically, no such moneys may be expended by KEDF for the provision of
salaries to any person.
7. Books and records. KEDF shall maintain books and records reflecting all
receipts, costs, charges, and expenses. All books and records of KEDF 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.
2
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.
9. Non-discrimination. KEDF agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by KEDF'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.
10. Sexual harassment prohibited. KEDF agrees to adopt and maintain a policy that
prohibits sexual harassment. Any act of sexual harassment by KEDF's employees
or principals constitutes a material breach of this contract.
11. Applicable laws. KEDF 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 KEDF.
Any act in violation of any of those laws or ordinances shall constitute a material
breach of this contract.
12. 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 often (10) days after notice thereof by the non-
defaulting party to the other, 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Relationship. The parties hereby agree that this is a contract for the
administration of the program 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 KEDF and
KEDF shall have no 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 maybe held to be such a delegation shall be of no force or
effect.
18. Modification and termination. This contract may be amended, modified,
terminated, or released only by written instrument executed by County and
KEDF, except as herein otherwise provided.
19. 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
4
written agreements, promises, or representations between them. The headings of
the various paragraphs of this contract are for convenience only, and shall not
define, interpret, affect, or prescribe the meaning and interpretation of the
provisions of this contract.
KERB COUNTY
$~: ~ ~
PAT TINLEY
Kerr County Judge
Date: / ~'~ `~'' ~i0fl3
KEDF
~~
By:
Guy R verby
Executive Director, KEDF
Date: ~I ~~~( ~1~3
NOTICES
COUNTY: KEDF:
Pat Tinley Executive Director
Kerr County Courthouse Ken Economic Development Foundation
700 Main Street 1700 Sidney Baker, Suite 200, # 4
Kerrville, Texas 78028 Kerrville, Texas 78028
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
contract was accepted, approved and agreed to by the Commissioners' Court of Kerr
County, Texas on November 11, , 2003, in Order No. 2 8 4 0 6 ,recorded and
x~l~ i~tt~ri3~xxxxxx~~~xxx~~~f the Minutes of the Commissioners' Court of
Kerr County, Texas.
SION ~ By 1 ~ l'(~~~_ ~~t-~ .,: ~. Deputy
0~`M1s ~~~'~ Jannett Pieper
V OG County Clerk
~' 9 Kerr County, Texas
~,~ ~ ~ Date: November 18 , 2 0 0 3
~~, , ~`~-
~~. .. ~'
;a~~'
5
~. ORDER NO. 27~E,3

KERR COUNTY ECONOMIC DEVEI.ORMENT PROGRAM
On this the c4th day of September 2Q01, upon a motion made by
Commissioner Griffin, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 4-0-0, the Ker•r• County
Economic Development pr•ogr•am and authorized County Judge to
negotiate a contract with the Kerr Economic Development
Foundation for implementation of the Kerr County Economic
Development Program.
Exhibit A
KERl2 COUNTY ECONOMIC DEVELOPMENT PROGRAM
Pursuant to Section 381.004, Texas Locai Government Code, the Kerr County
Commissioners Court adopts tbe following KERB COUNTY ECONOMIC
DEVELOPMENT PROGRAM.
1. 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 wi71
contnbute positively to the long-teen economic development of Ken• County
without adversely affecting the scarce natural resources of Kerr County and the
Hill Courn~y.
Z. ELEMEN"f S: 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 ernerprises interested in
rel<~cating 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 Ken County;
a Cooperate with appropriate businesses or commercial operations
irnerested 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 Ken- County.
3. METHODS: In accomplishing this Program, the Commissioners Court may:
a. Contract with another govenimental entity or non-profit corporation for
the administration of the Program;
b. Use Kerr County empbyees or funds for the Program; or
c. Accept contnbutions, gifts, or other resources to develop and administer to
Program.