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.
c. 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.
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.
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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,
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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 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.
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KERB COUNTY
~.`
-_..._..
BY~- \
Pat Tinley
Kerr County Judge
Date: ~/-- ?,l - Z. ~ 3
COUNTY:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
HILL COUNTRY CRISIS COUNCIL
By. - ~ .~~
Bobbie R. Lesser, Exe tive Director
Hill Country Crisis Council Board
Date: //- 2 /- D 3
NOTICES
HILL COUNTRY CRISIS COUNCIL:
Executive Director
Hill Country Crisis Council
P.O. Box 291817
Kerrville, Texas 78029-1817
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of 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? 8 4 0 6 ,recorded and
~~~xxxxxx~~cxxxxx of the Minutes of the Commissioners' Court of
Kerr County, Texas.
By: eputy
Jannett r
County Clerk
Kerr County, Texas
~ ~
I,PS
Date: November 21, 2003
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