#30138 BIG BROTHERS AND SISTERS 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 herein, infra. Having found the above elements fully satisfied, COUNTY has determined that it may contract with BIG BROTHERS AND SISTERS, a national nonprofit organization, hereinafter referred to as "BIG BROTHERS AND SISTERS," so that BIG BROTHERS AND SISTERS 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, COCrTITY has the authority, under § 264,006, Texas Family (:;ode, 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 fan~iiy and FURTHER, the Texas Attorney General determined on December 3, 2001, 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 constitute county business; and WHEREAS, BIG BROTHER AND SISTERS is engaged in the provision of such services to children in Kerr County, including those referred by the juvenile probation department, and other Kerr County departments engaged in the provision of services related to children and FURTHER, that COUNTY desires to contract with BIG BROTHERS AND SISTERS to continue to provide those services to COUNTY, its residents and its departments; IT IS THEREFORE AGREED THAT: Consideration. In consideration for the services described below to the residents of COUNTY, BIG BROTHERS AND SISTERS shall be entitled to a lump sum not to exceed $2,U00. Such amount shall be disbursed by COUNTY to BIG BROTHERS AND SISTERS on or after January I, 2007, upon written request. from BIG BROTHERS AND SISTERS. 2. Insurance. BIG BROTHERS AND SISTERS 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 $1,000,000.00: 3. Services. BIG BROTHERS AND SISTERS will provide services to residents of COUNTY as follows: a. Provide positive adult role models to children, ages 7-14, from single- parent families, and b. Provide additional support to single-parent fan~iilies by giving supplemental community resource referrals, as needed. 4. IRS classification. BIG BROTHERS AND SISTERS' [nternal Revenue Service, non-profit classification is 501(c)(3) and its IRS EIN is 74-1897630. Most recent financia! and performance reports. BIG BROTHERS AND SISTERS shall submit to the Kerr County Auditor and the Kerr County Judge each a copy of BIG BROTHERS AND SISTERS most current independent financial audit or end-of--year financial report of a}I expenditures and income for the period of BIG BROTHERS AND S[STER'S fiscal year ending in calendar year 2006, within 30 days of the approval of this contract. BIG BRO"THERS AND SISTERS shall provide to the Kerr Country Auditor and the Kerr County Judge each a performance review by which BIG BROTHERS AND SISTERS gives details of services provided and clients served for the previous COiINTY fiscal year ending on September 30, 2066, not later than 30 days after the approval of this contract. 6. Prospective financial and performance reports. BIG BROTHERS AND SISTERS shall submit to the Kerr County Auditor and the Kerr County Judge each a copy of BIG BROTHERS AND SISTER'S independent financial audit or end-of-year financial report of all expenditures and income for the period of BIG BROTH}RS AND SISTERS fiscal year ending in calendar year 2007, by the earlier of thirty (30} days following its receipt by BIG BROTHERS AND SISTERS or by September 30, 2007. BIG BROTHERS AND SISTERS shall provide to the Kerr County Auditor and the Kerr County Judge each a performance review by which BiG BROTHERS AND SISTERS gives details of services provided and clients served for the BIG BROTHERS AND SISTERS fiscal year ending in calendar year 2007, by September 30, 2007. 7. Terns. The Term of this agreement is one year beginning on October 1, 2006, and ending on September 30, 2007, unless earlier terminated by either party on thirty (30) days written notice. The date of the commencement of the teem of said agreement may be modified by agreemenYof the parties. 8. Use of funds. No moneys paid to BIG BROTHERS AND SISTERS shall he 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. Ai] books and records of BIG BROTHERS AND SIS"IERS 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 [~ederal Privacy Act or other state of federal law or regulation concerning the disclosure of confidential or privacy matters. 14. 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. l 1. Effective date. This agreement is effective upon approval by Order of the Kerr County Commissioners' Court. 12. Non-discrimination. BIG BROTHERS AND S[STERS agrees to operate under a policy of non-discrimination with regard to the provision of said services. Such policy shall prohibit discrimination by BIG BROTHERS AND SIS'fE;RS' employees or principals on the basis of race, sex, age, religion, color. handicap_ disability, national origin, language, political affiliation, political beliE°f or other non-merit factor. Any act of discrimination shall constitute a material breach of this contract. l3. Sexual harassment prohibited. BIG BROTHERS AND SISTERS further agrees to adopt and maintain a policy that prohibits sexual harassment. Any act of sexual harassment by BIG BROTHERS AND SISTERS' employees or principals constitutes a material breach of this contract. 14. Applicable laws. BIG BROTHERS AND SISTERS 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 BIG BROTHERS AND SISTERS. Any act in violation of any of those laws or ordinances shall constitute a material breach of this contract. 1 S. Default. a. In the event either party shall fail to keep, observe or perform any covenant, agreement, term or provision of this contract to he 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- defauiting party to the other, then in any such event the non-defaulting party shall be entitled to terminate this contract. 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 coy 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 represent~~itivcs, successors and assigns; provided that BIG BROTHERS ANI~ SISTERS rnav 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,