DIETERT CLAIM CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, a political subdivision of the State of Texas,
hereina8er referred to as "COUNTY," has determined that the expenditure of county
funds proposed herein is one which serves a public purpose and Bas further determined
that the State of Texas, by its Consdtu6on 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 herein, infra. Having found the above
elements folly satisfied, COUNTY has deternned that it may contract with DIETERT
CLAIM, a private 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 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 § 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
deternined 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 of COUNTY, including the
elderly; and FURTHER, that COUNTY has detemuned such activities serve valuable
public purposes and constitute county business; and,
WHEREAS, COUNTY has the authority to enter into contracts with private non-
profit 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 elderly residents of COUNTY;
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to the residents
of COUNTY, DIETERT shall be entitled to a lump sum not to exceed 1S 5.000.
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Such amount shall be disbursed by COiJNTY to DIETERT on or after January 1,
2006, 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 residents of COUNTY as follows:
a. Recreational facilities and programs to COiJNTY'S elderly; and
b. Provide meals to the indigent elderly of COiJNTY.
4. IRS classification. DIETERT'S Internal Revenue Service, non-profit
classification is 501(c)(3) and its IRS EIN is 74-2697204.
5. Most recent financial and performance reports. 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 D]ETERT'S fiscal yeaz ending in
calendaz yeaz 2005, within 30 days of the approval of this contract. DIETERT
shall provide to the Kea Country Auditor and the Ken County Judge each a
performance review by which DIETERT gives details of services provided and
clients served for the previous COUNTY fiscal yeaz ending on September 30,
2005, not later than 30 days after the approval of this contract.
6. Prospecfive financial and performance reports. DIETERT shall submit to the
Kea County Auditor and the Kea County Judge each a copy of DIETERT'S
independent financial audit or end-of-yeaz financial report of all expenditures and
income for the period of DIETERT'S fiscal yeaz ending in calendaz year 2006, by
the earlier of thirty (30) days following its receipt by DIETERT or by September
30, 2006. DIETERT shall provide to the Kea County Auditor and the Kea
County Judge each a performance review by which DIETERT gives details of
services provided and clients served for the DIETERT'S fiscal year ending in
calendar yeaz 2006, by September 30, 2006.
7. Term. The Term of this agreement is one yeaz beginning on October 1, 2005, and
ending on September 30, 2006, unless earlier 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 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; 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 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
residents of COUNTY.
11. Effective date. This agreement is effective upon approval by Order of the Kerr
County Commissioners' Court.
12. 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.
13. Sexual harassment prohibited. DIETERT further 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.
14. A4plicable 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.
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-
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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 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 assiens. 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.
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 communicafion 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 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 for the admirristration 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 DIETERT and DIETERT shall have no
authority to bind COUNTY to any contract, matter or obligation. No duties of
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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 effort.
21. 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.
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 co _ ~~~_
KERB COUNTY
By:
Ken County Judge
Date: I ~i `Z ~" y ~
COUNTY:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
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CLAIM
By:--g~+,~/ ~/~~ ~ /KAY/
~ TINA WOODS
Executive Director, D~~xr Board
Date: /.Z~/4~.~ADS
NOTICES
DIETERT CLAIM:
Tina Woods
Executive Director
617 Jefferson Street
Kerrville, Texas 78028
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CLERK'S CERTIFICATION
I, JANNETT PIEPER, County Clerk of Ken• County, Texas, certify that the above
agreement was accepted, approved and agreed to by the Commissioners' Court of
Ken County, Texas on November 2a , 2005, in Order No. 294aa >
p~ recordedar~~oimae ,Page ^F"'°~~-rrlf
Minutes of the Commissioners' Court of Ken County, Texas.
JANNETT PIEPER
County Clerk
Ken County, Texas
Date: ~~a3/OS