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.
Most recent financial and performance resorts. 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
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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.
8. 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 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.
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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
DIETERT CLAIM
B _ ~
Y'. _ _ By: ?~
PAT TINLEY TINA WOODS
Kerr County Judge Executive Director
Dietert Board
Date: l ~" GO - ?-y-t~ ?~ Date: ~,2 l~~0'~..3
NOTICES
COUNTY: DIETERT CLAIM:
Pat Tinley Tina Woods
Kerr County Judge Executive Director
700 Main Street 617 Jefferson Street
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 ~ ~~~!•r~~~ ~rrr / I , 2003, in Order No.~~, recorded and
the Minutes of the Commissioners' Court of
Kerr County, Texas.
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Ja ett Pieper
County Clerk
Kerr County, Texas
Date: ~ /~`/~C j ~.
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