ORDER NO.29488
APPROVE FORM CONTRACTS BETWEEN KERR COUNTY AND THE
COUNTY SPONSORED ENTITIES
Came to be heard this the 28th day of November, 2005, with a motion made
by Commissioner Williams, seconded by Commissioner Nicholson. The
Court unanimously approved by vote of 4-0-0 to:
Approve Contract between Kerr County and the County-sponsored entities
as presented and authorize County Judge to sign same.
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COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
MADE BY: Pat Tinley
MEETING DATE: November 28, 2005
OFFICE: County
TIME PREFERRED:
SUBJECT: Consider, discuss and approve form contracts between Kerr County and the
County Sponsored Entities and authorize the County Judge to sign same as they aze
returned.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Of£ce 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.
County Attorney has reviewed the following Contracts.
Contracts between Kerr County and the County Sponsored Entities.
1. Alamo Regional Transit
2. Hill Country Court-Appointed Special Advocates (CASA)
3. Dietert Claim
4. Kerr County Soil & Water Conservation District
5. Kerr Economic Development Foundation
6. K'Star
7. Hill Country Crisis Council
8. Big Brother/Big Sister
Attached is Form Contract.
HILL COUNTRY COURT-APPOINTED SPECIAL ADVOCATES
"CASA" CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, a political subdivision of the State of Texas,
hereinafter referred to as "COUNTY," has determined that the expenditure of county
funds proposed herein is one which serves a public purpose and has further determined
that the State of Texas, by its Constitution or by its state statutes, either implicitly or
explicitly, 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 "CASA," a Texas non-
profit corporation, 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
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to the
COUN'T'Y, CASA shall be entitled to a lump sum not to exceed $3.000.00. Such
amount shall be disbursed by the COUNTY to CASA on or after January 1, 2006,
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 $ 1,000,000.00.
3. Services. CASA will provide services to the COUNTY and the residents
of Kerr County as follows:
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a. Provide guardians ad litem for use in the COUNTY in appropriate cases
relating to children as ordered by the presiding judges of Kerr County
courts, and
b. Provide family studies and perform such other information gathering
services as requested by the COUNTY.
4. IRS classification. CASA'S Internal Revenue Service, non-profit
classification is Kc~ ~(,) and its IRS EIN is '7~ - ~3Si X79
5. Most recent financial and performance reports. CASA shall submit to
COUNTY a copy of CASA'S most current independent financial audit or end-of-
yeaz financial report of all expenditures and income for the period of CASA'S
fiscal year ending in calendar yeaz 2005, within 30 days of the approval of this
contract. CASA shall provide to COUNTY a performance review by which
CASA gives details of services provided and clients served for the previous fiscal
yeaz ending on September 30, 2005, not later than 30 days after the approval of
this contract. Said performance review shall also include the total number, listed
by court served, of children served, of family studies initiated and completed, of
times appointed and served as guazdian ad litem, and the number and types of
other services performed by CASA along with the name of the department
requesting the service.
6. Prospective financial and performance reports. CASA shall submit to
COUNTY a copy of CASA'S independent financial audit or end-of-yeaz financial
report of all expenditures and income for the period of CASA'S fiscal yeaz ending
in calendaz yeaz 2006, by the eazlier of thirty (30) days following its receipt by
CASA or by September 30, 2006. CASA shall provide to COUNTY a
performance review by which CASA gives details of services provided and
clients served for the CASA'S fiscal yeaz ending in calendaz yeaz 2006, by
September 30, 2006. Said performance review shall also include the total
number, listed by court served, of children served, of family studies initiated and
completed, of times appointed and served as guardian ad litem, and the number
and types of other services performed by CASA along with the name of the
department requesting the service.
7. Term. The Term of this agreement is one year beginning on October 1,
2005, and ending on September 30, 2006, unless eazlier terminated by either party
on thirty (30) days written notice. The date of the commencement of the term of
said agreement may be modified by agreement of the parties.
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 Ken County departments engaged in the
providing of services related to children, and to residents of Kerr County;
provided, however, that no moneys may be expended 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, the Kerr
County Auditor, and such persons as may be given that authority, in writing, by
the COUNTY, 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 the courts, the juvenile probation department, other Ken County
departments engaged in the providing of services related to children, and to
residents of Kerr County.
11. Effective date. This agreement is effective upon approval by Order of the
Ken County Commissioners Court.
12. 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.
13. Sexual harassment prohibited. CASA further 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.
14. 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.
15. 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
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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 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 CASA 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. This contract shall
be enforceable in Kerr County, Texas and venue shall also lie in Ken• 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.
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 applicafion 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.
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20. 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 CASA,
and 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.
21. 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.
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 aze for convenience only, and
shall not define, interpret, affect or prescribe the meaning and interpretation of the
provisions of this contract.
KERB COUNTY CASA
By: By:
Pat Tinley President, of the CASA
Ken County Judge
Date: Date:
NOTICES
COUNTY: HII..L COUNTRY CASA:
Ken County Executive Director, CASA
700 Main Street P.O. Box 290965
Kerrville, Texas 78028 Kerrville, Texas 7802 9
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