#30138 "K'STAR" CONTRACT STATE OF TEXAS COUNTY OF KERB WHEREAS, Kerr County, Texas, a political subdivision of the State of Texas, hereinafter referred to as "COC7NTY," 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 satisfted, COUNTY has determined that it may contract with the K'Star, a Texas nonprofit corporation, hereinafter referred to as K'Star," so that K'Star 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, K'STAR, hereinafter "K'STAR," a Texas non-profit corporation, is engaged in providing shelter, nourishing meals, sanctuary, counseling, guidance and support for runaway children, other "at-risk" children and certain juvenile respondents and desires to enter into a contract with COUNTY to continue to provide those services to COUNTY and to residents of Kerr Cowity; IT IS THEREFORE AGREED THAT: 1. Consideration. In consideration for the services described below to the COUNTY, K'STAR shall be entitled to a lump sum not to exceed $5,000.00. Such amount shall be disbursed by the BOARD to K'STAR on or afrer January 1, 2007, upon written request from K'STAR. 2. Insurance. K'STAR shall at al] times maintain a policy of liability insurance for premises liability for personal injury. Said policy shall be in the minimum amount of $ 300,000.00. Page 1 of 6 3. Services. K'STAR will provide services to COUNTY and the residents of Kerr County as follows: a short-terns emergency shelter for youth "in need" and/or "at risk"'. b. food, clothing, counseling, and education to youth "in need" and/or "at- risk," and c. facilities for residential placement of youth in need of protection or other assistance. 4. IRS classification. K'STAR'S Internal Revenue Service, non-profit classification is and its IRS EIN is 5. Most recent financial and performance reports. K'STAR shall submit to the Kerr County Auditor and the Kerr County Judge each a copy of K'STAR's most current independent financial audit or end-of--year financial report of all expenditures and income for the period of K'STAR's fiscal year ending in calendar year 2006, within 30 days of the approval of this contract. K'STAR shall provide to the Kerr County Auditor and the Kerr County Judge each a performance review by which K'STAR gives details of services provided and clients served for the previous fiscal year ending on September 30, 2006, not later than 30 days after the approval of this contract. 6. Prospective financial and performance reports. K'STAR shall submit to COUNTY a copy of K'STAR's independent financial audit or end-of-year financial report of all expenditures and income for the period of K'STAR's Fscal year ending in calendar year 2007, by the earlier of thirty (30) days following its receipt by K'STAR or by September 30, 2007. K'STAR shall provide to CO[JNTY a performance review by which K'STAR gives details of services provided and clients served for the K'STAR's fiscal year ending in calendar year 2007, by September 30, 2007. 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 K'STAR along with the name of the department requesting the service. 7. Term. 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. term of said agreement may be modified by agreement of the parties. 8. Use of funds. No moneys paid to K'STAR shall be expended for any purpose other than for the providing of the aforementioned services to the. courts, the juvenile probation department, other Kerr County departments engaged in the Page 2 of 6 providing of services related io children, and to residents of Kca-r 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 K'STAR 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. i0. 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 Kerr County departments engaged in the providing of services related to children, and to residents of Kerr County. ] 1. Effective date. This agreement is effective upon approval by Order of the KERR COUNTY COMMISSIONERS COURT. 12. Non-discrimination. K'STAR agrees to operate under a policy of non- discrimination with regard to the provision of said services. Such policy shall prohibit discrimination by K'STAR'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. K'STAR further agrees to adopt and maintain a policy that prohibits sexual harassment. Any act of sexual harassment. by K'STAR'S employees or principals constitutes a material breach of this contract. 14. Applicable laws. K'STAR 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 planes such a duty on K'STAR. 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 shalt 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- Page 3 of 6 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 a~s 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 K'STAR may not assign this contract without COUNTY'S prior written consent. 17. Governing law. This contract shall be governed by and construed ar~d 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 communieaiions shat] 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 firllest extent permitted by law. 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 Page 4 of 6 K'STAR, and K'STAR shall have no authority to bind COUNTY to any contract, matter or obligation. No duties of COUNTY are delegated to K'S'TAR by this contract and any provision which is or may be held to be such a delet;xtion 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 K'STAR, 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. I•he headings of the various paragraphs of this contract are for convenience onl}~, and shall not def~me, interpret, affect or prescribe the meaning and inteipretati