HILL COUNTRY CRISIS COUNCIL CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kea 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 are among those which serve a public purpose and has further
determined that the State of Texas, by its Constitufion or by its state statutes, either
implicitly or explicitly, has confeaed upon COUNTY the authority and the power 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 non-profit 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 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
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, the Texas Attorney General determined on December 3, 2004, in Opinion
JC-0439 that COUNTY may transfer funds directly to local nonprofit organizations to the
extent that these organizations provide services to and support for children who need
protection and care 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,
Gaze, 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
WHEREAS, COUNTY has the authority, pursuant to § 81.007, Texas Family
Code, through its County Attorney or through its District Attorneys to file applications
for residents of COUNTY for family violence protective orders;
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to the residents
of COUNTY, CRISIS COUNCIL shall be entitled to a lump sum not to exceed
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$5,000.00. Such amount shall be disbursed by COUNTY to CRISIS COUNCIL
on or after January 1, 2006, 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 $1,000,000.00.
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; and
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, non-profit
classification is 501(c)(3) and its IRS EIN is 74-2416819.
5. Most recent fmancial and cerformance reports. CRISIS COUNCIL shall submit
to COUNTY Auditor and COUNTY Judge each a copy of CRISIS COUNCIL'S
most current independent financial audit or end-of-yeaz financial report of all
expenditures and income for the period of CRISIS COUNCIL'S fiscal year
ending in calendaz year 2005, within 30 days of the approval of this contract.
CRISIS COUNCIL shall provide to COUNTY Auditor and COUNTY Judge each
a performance review by which CRISIS COUNCIL gives details of services
provided and clients served for the previous COUNTY fiscal year ending on
September 30, 2005, not later than 30 days after the approval of this contract.
6. Prosnecfive financial and performance reports. CRISIS COUNCIL shall submit
to COUNTY Auditor and COUNTY Judge each a copy of CRISIS COUNCIL'S
independent financial audit or end-of-yeaz financial report of all expenditures and
income for the period of CRISIS COUNCIL'S fiscal year ending in calendar yeaz
2006, by the earlier of thirty (30) days following its receipt by CRISIS COUNCIL
or by September 30, 2006. CRISIS COUNCIL shall provide to COUNTY
Auditor and COUNTY Judge each a performance review by which CRISIS
COUNCIL gives details of services provided and clients served for the CRISIS
COUNCIL'S fiscal yeaz ending in calendar yeaz 2006, by September 30, 2006.
Term. The Term of this agreement is one yeaz 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.
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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; 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 CRISIS COUNCIL shall be open
for inspection during normal business hours to any member of the public, the
COUNTY Auditor, and such persons as may be given that authority, in writing,
by the COUNTY Comrissioners' 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. Effective date. This agreement is effective upon approval by Order of the
COUNTY Commissioners' Court.
12. Non-discrimination. CRISIS COUNCIL agrees to operate under a policy of non-
discrimination with regazd 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.
13. Sexual harassment prohibited. CRISIS COUNCII, further 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.
14. 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 regiurements 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.
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 continue for a period of ten (10)
days after notice thereof by the non-defaulting party to the other, then in any such
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event the non-defaulting party shall be entitled to ternminate 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 consfitute such a waiver nor exhaust the same, which
shall be continuing. No notice to or demand on either parry in any case shall
entitle such party to any other or further notice or demand in similaz 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 CRISIS COUNCIL 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 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.
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 cireumstances 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 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 HILL COUNTRY CRISIS COUNCIL, and
HILL COUNTRY CRISIS COUNCIL shall have no authority to bind COUNTY
to any contract, matter or obligation. No duties of COUNTY aze delegated to
HILL COUNTRY 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 effort.
21. Modification and termination. This contract may be amended, modified,
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terminated or released only by written instrument executed by COUNTY and
HILL COiJNTRY CRISIS COUNCIL, except as herein otherwise provided.
22. Total aereement. 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
HILL COUNTRY CRISIS COUNCIL
A
By' ~ ~ By:
Pat Tinley xecutive Director SHec~r~ rlewwto
Kerr County Judge Hill Country Crisis Council Board
Date: l2-~ ~2105~
~p~~ 'w'; ~G9~~j
~; 5
COUNTY:
Kea County Judge
700 Main Street
Kerrville, Texas 78028
NOTICES
HILL COUNTRY CRISIS COUNCIL:
Executive Director
Hill Country Crisis Council
P.O. Box 291817
Kerrville, Texas 78029-1817
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