ORDER NO.30613
DIETERT CENTER CONTRACT
Came to be heard this the 13th day of November, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Contract with Dietert Center, and authorize County Judge to sign
same.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Tinley
MEETING DATE: November 13, 2007
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the
contracts with Dietert Center and Hill Country Court-Appointed Special
Advocates and allow the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
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 RQUEST RECEIVED ON:
OFFICE: County Judge
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office 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 your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.

DIETERT CLAIM CONTRACT
STATE Oh TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, a political subdivision of the State of "I~exas,
hereinafter referred to as "CO[TNTY," 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 DIETL:R~h
CLAIM. a private Texas nonprofit corporation, hereinafter referred to as "DIETERT," so
that DIETERT may use said public funds fc-r 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 Conti°ols 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.UU2, "Texas Local
Government Code, to establish, provide, acquire, maintain, construct, equip, operate and
supervise recreational facilities and programs; and FURTHER, that COUNTY has
determined 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
COUN"CY residents who are unable to support themselves of COUNTY, including the
elderly: and FURTHER, that COUNTY has determined 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;
[T IS THEREFORE AGREED THAT:
Consideration. In consideration for the services described below to the residents
of COUNTY. DIETERT shall be entitled to a lump sum not to exceed SIS,000.
Such amount shall be disbursed by COUNTY to DIETER"T on or after ,lanuary 1,
2008, upon written. request from DIETERT.
2. Insurance. DIE"TERT 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 COL1N"TY as follows:
a. Recreational facilities and programs to COUNTY'S elderly; and
h, Provide meals to the indigent elderly of CO[?1~TY,
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 f nancial and performance reports. DIETERT shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of DIE"hERT'S most
current independent financial audit or end-of--year f nancial report of all
expenditures and income for the period of DIETERT'S fiscal gear ending in
calendar year 2007, within 30 days of the approval of this contract. DIE~I'ER~I'
shall provide to the Kerr Country Auditor and the Kerr County Judge each a
performance review by which DIETERT gives details of services provided and
clients served for the previous COUNTY fiscal year ending on September 30,
2007, not later than 30 days after the approval of this contract.
6. Prospective financial and performance reports. DIETERT shall submit to the
Kerr County Auditor and the Kerr County Judge each a copy of DIETER"I"S
independent financial audit or end-of=year financial report of all expenditures and
income for the period of DIETERT'S fiscal year ending in calendar year 2008. by
the earlier of thirty (30) days following its receipt by DIETERT or by September
30, 2008. DIETERT shall provide to the Kerr County Auditor and the Kerr
County Judge each a performance review by which DIEI'EKT gives details oI'
services provided and clients served for the DIETERT'S fiscal year ending in
calendar year 2008. by September 30, 2008.
7. Term. The Term of this agreement is one year beginning on October 7 , 2007, and
ending on September 30, 2008, 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.

$. 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 ~,vith additional parties for the provision of±he aforementioned scrvic~~~ r<
residents of COUNTY.
ll. f~;ffective 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~rohibited. 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.
1 ~. Applicable 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-

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 an_y 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 DIETERT may not assign this contract
without C(~iTNTY'S prior written consent.
17. Governin ~ 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.
l 8. Notices. Any nvtice 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. Severabilit_y. 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
ur condition of this contract shall be valid and shall be enforced to the fullest
extent permitted by law.
2O. Relations. 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 went
shall COUNTY have any obligation or liability whatsoever with respect to anv
debts, obligations or liabilities of DIETI/RT and DIFTI;R~I~ shall have no
authority to bind COUN"fY to any contract, matter or obligation. No duties of
4
COi)NTY 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, rnoditied>
terminated or released only by written instrument executed by COUNTY Auld
ll1ETERT, 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 are for convenience only, and shall nod
define, interpret, affect or prescribe the meaning and interpretation of the
provisions of this contract.
KERR COON"I'Y
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pfd 'I~~Y '~-..,.
Kerr County Judge
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Date:_~_--
DIETERT CLAIM
I3y: 4a~~N~-~ ----
TINA WOODS
~xeCUtlVe Dlrector, D(I'.11~:K1~ f3~~ard
Date:_ !D ~' _-- _-
NOTICES
COIN"l~Y:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
DIE"TERT CLAIM:
Tina Woods
Executive Director
Kerrville, "Texas 78028
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CLERK'S CERTIFICATION
1. JANNF:'i~T YIEPER, County Clerk of Kerr County, Texas, certify that the above
agreement was accepted, a~proved and agreed to by the Commissioners' Court of
Kerr County, Texas on ovember ~_3 _, 2007, in Order No. '`~~" 'recorded
and filed in ~~hxmc--------; Page---°-; ---c}f=- the Minutes of the
Commissioners' Court of Kerr County, Texas.
~~~~~pNERS c~G
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J.ANNET"T PIEPER
County Clerk
Kerr C unty. Texas
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Date: November 13, 2C~7 __ c~
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