ORDER N0.29096 Hill Country ADR Contract Came to be heard this the 28`" day of March 2005 with a motion made by Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to renew the contract between Kerr County and Hill Country ADR Center to provide mediation services. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: ~C ~ /~~=~~/~~S OFFICE: ~//~C ~C~~~~T~~ %~~ ~~tiTE/L MEETING DATE: ~~/~i~ ~ ~O~.S TIlVIE PREFERRED: ~~~~ ~ //r/ ~''~~- c"i ~.y4 SUBJECT: (PLEASE BE SPECIFIC) Cvy Sr•~ ~~n-~ ~ /dam !fir Q~ ~~~G~~ .C~j /~C f /~~ C 1-~ ~2~ ~~= ~ ~ ~v.~ 2.9c, tl~/T/! ~Li/~!~ ~rJ(%f/l~ /~ ~ff1~`G~` ~lG/J//TI~°G~~ sC=/~-(/rCi=S /~l~ /i- EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) /L/OfZ~` NAME OF PERSON ADDRESSING THE COURT: ~/~ ~v~r/~=S ESTIMATED LENGTH OF PRESENTATION: -5 ~~i>v~1,~ cS~' IF PERSONNEL MATTER -NAME OF EMPLOYEE: ~//9 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: 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. 5:00 P.M. previous Tuesday. 11:40 aM .~ 01/20/05 Cash Basis Hill Country ADR Center Inc Profit & Loss December 2004 Dec 04 Jan -Dec 04 Ordinary IncamelExpense Income Contributions Income County Funding In-Kind United Way Unrestricted Total Contributions Income Fund Raiser Belks Snow Ball Total Fund Raiser Program Fees Mediation Total Program fees Services Training Mediator Total Services Total Income Expense Advertising Bank Service Charges Dues and Subscriptions Insurance Liability Insurance Notary Workmen's Compensation Total Insurance Licenses and Permits Office Supplies Payroll Expenses Salary Total Payroll Expenses Postage and Delivery Printing and Reproduction Professional Fees Accounting Total Professional, Fees Program Expense Training Conference Training Supplies Total Program Expense Rent Return Check 2,310.00 43,040.00 100.00 1,200.00 0.00 637.50 0.00 80.00 2,410.00 44,957.50 0.00 738.75 0.00 2,400.00 0.00 3,138.75 1,780.00 0.00 0.00 4,190.00 0.00 1.00 0.00 0.00 o.oo 0.00 171.45 16.50 160.00 1,455.00 140.00 665.00 0.00 2,260.00 0.00 50.00 0.00 826.20 3,700.00 41,991.26 3,700.00 41,991.26 0.00 332.26 113.00 113.00 100.00 1,200.00 100.00 1,200.00 0.00 0.00 0.00 650.00 0.00 244.00 1,107.18 1,351.18 7,800.00 205.00 Page 1 19,427.50 19,427.50 10,500.00 10,500.00 78,023.75 ~ ~!~/~~T ~~/~ ~~ 11:40 AM 01120!05 Cash Basis Hill Country ADR Center Inc Profit & Loss December 2004 Dec 04 Supplies Office Supplies -Other Total Supplies Taxes Payroll FICA Medicare Total Taxes Payroll Telephone Travel & Ent Travel Total Travel & Ent Total Expense Net Ordinary Income Other Income/Expense Other Mcome Interest Income Total Other Income Net Other Income Net Income 192.44 134.35 326.79 229.40 53.65 283.05 274.43 121.99 121.99 5,570.26 -1,380.26 129.63 129.63 129.63 Jan -Dec 04 870.91 274.51 1,145.42 2,603.46 608.88 3,212.34 2,810.04 1,093.71 1,093.71 64,738.36 13,285.39 183.88 183.88 183.88 -1,290.63 13,469.27 Page 2 11:39 AM 01 /20/05 Cash Basis Hill Country ADR Center Inc Balance ~hee# As of December 31, 2004 ASSETS Current Assets CheckinglSavings Bank of the Hills CD Checking Savings Total Bank of the Hills Community Foundation of the HC Total Checking/Savings Other Current Assets NSF Checks Total Other Current Assets Total Current Assets Fixed Assets Furniture ~ Equipment Original Cost Furninture 8 Equipment Original Cost -Other Total Original Cost Total Furniture & Equipment Total Fixed Assets Other Assets Rent Security Deopsit Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current LiabiNties Other Current Liabilities Payroll Liabilities Adjustment Overpayment IRS Federal WHT FICA Company FICA Employee Dec 31, 04 2,500.00 1,305.59 24,180.88 27,986.47 7,500.00 35,486.47 128.00 128.00 35,614.47 688.35 3,479.70 4,1.68.05 4,168.05 4,168.05 250.00 250.00 40,032.52 -10.00 392.01 229.40 229.40 Page 1 - , 11:39 A.M 01120/05 Cash Basis Hill Country ADR Center Inc Balance Sheet As of December 31, 2004 Medicare Company Medicare Employee Total Payroll Liabilities Total. Other Current Liabilities Total Current Liabilities Total Liabilities Equity Retained Earnings Net Income Total Equity TOTAL LIABILITIES 8 EQUITY Dec 31, 04 53.65 53.65 948.11 948.11 948.11 948.11 25,615.14 13,469.27 39,084.41 40,032.52 Page 2 - s:oa pM ~ Hiil Country ADR Center Inc 01/19/05 Reconciliation Detail Checking, Period Ending 12/31/2004 Type Date Num Beginning Balance Cleared Transactions Checks and Payments -17 i tems Check 9/2312004 4267 • Liability Check 11/30/2004 1293 Paycheck 11/30/2004 1292 Check 1211.12004 1294 Check 12/2/2004 4295 Check 1217/2004 1296 Check 12/8/2004 1297 Check 12/13/2004 1298 Check 12/13/2004 1300 Liability Check 12/14/2004 1304 Paycheck 12/14/2004 1301 Paycheck 12/14/2004 1299 Check 12/14/2004 1302 Check 12/14/2004 1303 Check 12/17/2004 1305 Paycheck 12!3012004 1307 Check 12/31/2004 Total Checks and Payments Deposits and Credits -11 items Deposit 1211/2004 ~"' Deposit 12/2/2004 Deposit 12/8/2004 - Deposit 12/8/2004 Deposit 12!912004 Deposit 12/13/2004 Transfer 12/13/2004 Deposit 12/15/2004 Deposit 12/16/2004 Deposit 12/20/2004 Deposit 12/29/2004 Total Deposits and Credits Name Clr Balance Amount 2,267.05 Total Cleared Transactions San Antonio Bar As... X -100.00 Department of Trea... X -958.11 Chambers, Denise M X -513.10 Kerrville Telephone ... X -274.43 Office Max X -58.05 Office Max X _39,34 Office Max X -17.46 Consolidated Office ... X -19.50 Lazar Inovation X -113.00 Department of Trea... X -968.10 Reaves Jr, James E X -1,139.36 Chambers, Denise M X -495.10 Ed Pollard X -650.00 Especially Yours Flo... X -54.95 Sam's Club X -137.49 Reaves Jr, James E X -1,017.37 X -1.00 -6, 556.36 Cleared Balance Uncleared Transactions Checks and Payments -1 item Paycheck 12/30/2004 1306 Chambers, Denise M Total Checks and Payments Total Uncleared Transactions Register Balance as of 12/31/2004 Ending Balance -100.00 -1,058.11 -1,571.21 -1,845.64 -1,903.69 -1,943.03 -1,960.49 -1,979.99 -2,092.99 -3,061.09 -4,200.45 -4,695.55 -5,345.55 -5,400.50 -5,537.99 -6,555.36 -6,556.36 -6,556.36 X 65.00 65.00 X 335.00 400.00 X 425A0 525.00 X 250.00 775.00 X 125.00 900.00 X 125.00 1,025.00 X 2,000.00 3,025.00 X 2,31.0.00 5,335.00 X 375.00 5,710.00 X 125.00 5,835.00 X 255.00 6,090.00 6,090.00 6,090.00 -466.36 -466.36 -466.36 -495.10 1,800.69 -495.10 -49.5.10 -495.10 -495.10 -495.10 -961.46 1,305.59 -961.46 1,305.59 Page 1 ., ,11i~~ ~ Hill Country ADR Center lnc 01!20!05 Reconciliation De#ail Savings, Period Ending 13/31!2004 Type Date Num Name Clr Beginning Balance Cleared Transactions Checks and Payments -1 item Transfer 12!13/2004 X Total Checks and Payments Deposits and Credits -1 i#em Deposit 12/31 /2004 X Total Deposits and Credits _ Total Cleared Transactions Cleared Balance Register Balance as of 12/31 /2004 _ Ending Balance _ Amount Balance 26,051.25 -2,000.00 -2,000.00 -2,000.00 -2,000.00 129.63 129.63 129.63 129.63 -1,870.37 -1,870.37 -1,870.37 24,180.88 -1,870.37 24,180.88 -1,870.37 24,180.88 Page 1 EXHIBIT B TO HCADRC CONTRACT Hill Country Alternative Dispute Resolution Center, Inc. 327 Earl Garrett, Suite 108, Kerrville, TX 78028 830-792-5000 Toll Free 888-292-1502 PERFORMANCE REPORT CALENDAR YEAR 2004 During calendar year 2004, the Hill Country Alternative Dispute Resolution Center (HCADRC) held a total of 105 mediations, which represented substantial growth over the 68 mediations conducted during 2003. Each one of the mediations held during 2004 consisted of at least two parties, and we often had more than one party on a side. Altogether we served approximately 250 clients during 2004. About 150 clients were Kerr County residents. During 2004, we mediated a total of 66 cases involving disputes within Kerr County. This included 198"' District Court cases, 216th District Court cases, Kerr County Court at Law cases, and pre-litigation cases. Volunteer mediators provided a total of 512 mediation hours during 2004 for HCADRC cases. HCADRC trained 22 new volunteer mediators during 2004. The types of Kerr County cases which the HCADRC mediated last year included divorce/custody suits (including child support and modification actions); contract disputes (including homeowners' association cases); debt collection cases; property dispute cases; accident claims; and will disputes. The HCADRC uses only trained mediators. Our mediators include attorneys, retired judges, and highly qualified individuals from a variety of other professions. Cases may be held at the request of the parties, or by court referral. Successful mediation helps to relieve overcrowding in our courts, and can save the parties a great deal of anguish and expense. The parties tend to be much more satisfied with a settlement that they have helped to craft, and such solutions are more apt to stand the test of time. The funding which the Kerr County Commissioners' Court provided is greatly appreciated. Sincerely, ~ ~~~- ~~~~~~~~ J. Edward Reaves, Jr. Executive Director March 14, 2005 IYO~~_ _. _ ._ 123 y_ 0 "HCADRC" CONTRACT STATE OF TEXAS § COUNTY OF KERR § WHEREAS, the Kerr County Commissioners Court, hereinafter "COUNTY", a political subdivision of the State of Texas, has the authority, under § 152.002, Texas Civil Practice & Remedies Code, as amended, to contract for alternative dispute resolution services, as defined in Section 152.001, Texas Civil Practice & Remedies Code, as amended, and WHEREAS, the Hill Country Alternative Dispute Resolution Center, hereinafter "HCADRC," a Texas non-profit corporation, has been formed for the purpose of and is engaged in providing alternative dispute resolution services; WHEREAS, HCADRC has contracted with COUNTY to provide these services in said COUNTY and has been doing so since October, 2002, and HCADRC desires to continue this relationship by renewing its contract with COUNTY to provide those services to the citizens of Kerr County and the Hill Country region (hereinafter "citizens"); 1T IS THEREFORE AGREED THAT: 1. Consideration. In consideration for the services described below to the citizens, HCADRC shall be entitled to (a) utilize space in the Kerr County Courthouse for mediation services as approved by the Kerr County Commissioners Court and affected elected officials, and (b) receive a lump sum of $20.000.00 from the COUNTY for its fiscal year October 1, 2004 -September 30, 2005. Such amount shall be disbursed by the COUNTY to HCADRC on or after the etJ'ective date hereof, upon written request from HCARDC. 2. Services. HCADRC will provide services to citizens through the Kerr County Justices of the Peace courts, the County Court, Kerr County Court at Law and the 198' and 216' Judicial Districts, other Kerr County courts, as follows: Page 1 of 5 Alternative dispute resolution services to all residents of COUNTY on a low cost basis. 3. IRS classification. HCADRC is atax-exempt non-profit 501(cx3) corporation. Its IRS EIN is 264506319. 4. Financial and Performance re orts. A copy of HCADRC's independent end-of--year financial report of all expenditures and income for the calendar year 2004 is attached. Also attached is a copy of HCADRC's performance review for calendar year 2004. 5. Term. The Term of this agreement is one year beginning on October 1, 2004, and ending on September 30, 2005, unless earlier terminated by either party on thirty (30) days written notice. The date of the commencement of the term of said agreemern may be modified by agreement of the parties. 6. Use of funds. The moneys paid to HCADRC shall be expended solely for the provision of salaries to employees of HCADRC and operational expenses of HCADRC. 7. Books and records. All books and records of HCADRC shall be open for inspection during normal business hours to any member of the public, the Kerr County Auditor, and such persons or entities as may be given that authority, in writing, by the COiJNTY, provided, however, that this clause shall in no way be construed to override the provisions of the Federal Privacy Act or other state or federal law or regulation concerning the disclosure of confidential or privacy matters. 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 the courts and other Kerr County departments engaged in the providing of alternative dispute services to residents of Ken County. 9. Effective date. This agreement is effective upon approval by Order of the COUNTY. 10. Non-discrimination. HCADRC agrees to operate under a policy of non- discrimination with regard to the provision of said services. Such policy shall prohibit discrimination by HCADRC'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. Page 2 of 5 11. Sexual harassment prohibited. HCADRC further agrees to adopt and maintain a policy that prohibits sexual harassment. Any act of sexual harassment by HCADRC'S employees or principals constitutes a material breach of this contract. 12. Applicable laws. HCADRC 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 HCADRC. Any act in violation of any of those laws or ordinances shall constitute a material breach of this contract. 13. lt. 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 of ten (10) days after notice thereof by the non- defaulting party to the other, then in any such event 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 fiuther 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. 14. 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 HCADRC may not assign this contract without COUNTY' S prior written consent. I5. 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. 16. 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 Page 3 of 5 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 address given below to which such notice or communication shall be given. 17. Severability. If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extern, be invalid or unenforceable, the remainder of this contract or the application of such tenor, 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. 18. Relationship. The parties hereby agree that this contract is for the provision of the services 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 HCADRC, and HCADRC shall have no authority to bind COUNTY to any contract, matter or obligation. No duties of COUNTY are delegated to HCADRC by this contract and any provision which is or may be held to be such a delegation shall be of no force or effort. 19. Modification and termination. This contract may be amended, modified, terminated or released only by written instrument executed by COUNTY and HCADRC, except as herein otherwise provided. 20. Total a~areement. 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. Page 4 of 5 COUNTY Kerr County Judge Date: ~ 'Z~" ~S APPROVED AS TO FORM: ~' M, x merlon, Kerr County Attorney HCADRC President, of the HCADRC Board Date: ~~S ~ S NOTICES COUNTY: Kerr County Commissioners Court c/o Kerr County Judge 700 Main Street Kerrville, Texas 78028 HCADRC: Ed Reaves Executive Director, HCADRC 327 Earl Garrett, Suite 108 Kerrville, Texas 78028 Page 5 of 5