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:
1. 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 ervice, nonprofit classification is _
' and its IRS EIN is -
Most recent financial and performance 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
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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.
8. 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.
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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
KIDS' ADVOCACY PLACE
B B~
"mat Tinley j ~-•-,-• N~ ~ '`~ `V''"'
Kerr County Judge President of the Board
Date: ~ ~~~~ ~~
COUNTY:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
Date:
NOTICES
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 /(,~?~P~{ &~ 1' / ~ , 2003, in Order No.~ ~ ~C~ (~~ recorded and
f the Minutes of the Commissioners' Court of
Kerr County, Texas.
,_ ~ nnett Pieper
~,r -~ '~ County Clerk
~I ~ ~~ ~ ~'~ Kerr County, Texas
r'~~~ ~ CVu~`~' ~~ 7 ZVr1~
Date:
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