CASA 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 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. CASA 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 , ~ C \ (~ and its IRS E1N is ~ ~{_ Z ~ ~ i 02 U(
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,
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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. CASA 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 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 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
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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.
KERR COUNTY
CASA
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. ,L.
Presiden or Executive Director, CASA
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By; ~ ~ .~By:
ley
Kerr County Judge
Date: /I' Z~ -~~~3
COUNTY:
Kerr County
700 Main Street
Kerrville, Texas 78028
Date: ~
NOTICES
HILL COUNTRY CASA:
Executive Director, CASA
P.O. Box 290965
Kerrville, Texas 78029
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
g~c~g~~xxxxxx~xxxxx , of the Minutes of the Commissioners' Court of
Kerr County, Texas.
nnett Pieper
County Clerk
Kerr County, Texas
Date: ~~~ a~~d 3
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