ORDER NO. 31092
CONI~RACTS WIT H VOLUN"I'EFR FIRE DEPARTMENTS AND KERR COUNTY
SPONSORED ENTITIES
Came to be heard this the 10th day of November, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously
approved by a vote of 4-0-0 to:
Approve Contracts with Kerr County Sponsored Entities and Volunteer Fire
Departments, and authorize County Judge to sign same:
K' Star
Hill CountYy CASA
Hunt Volunteer Fii°e Department
Ingram Volunteer Fire Department
Mountain I-Iome Volunteer Fire Department
Tierra Linda Volunteer Fire Department
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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 OFFICE: County Judge
MEETING DATE: November 10, 2008 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the contracts with
K'Star, Hill Country CASA, Hunt Volunteer Fire Department, Ingram Volunteer Fire
Department, Mountain Home Volunteer Fire Department and Tierra Linda Volunteer Fire
Department, 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: 5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .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.
#31092
"K'STAR" CONTRACT
S'['ATE 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 below. Having found the above elements
fully satisfied, 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 County;
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 after .tanuary 1,
2009, upon written request from K'STAR.
2. Insurance. K'STAR shall at all times maintain a policy of liability
insurance for premises liability for personal injury. Said policy shall tie in the
minimum. amount of $ 300,000.00.
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3. Services. K'STAR will provide services to COUNTY and the residents of
Kerr County as follows:
a. a short-term 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'ST'AR'S Internal Revenue Service. non-profit
classification is ~ I CC) C~3) and its IRS EIN is ~¢--~2 G 5 t ! L 1
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 2008, within 30 days of the approval of this contract. K'ST'AR
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, 2008, 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 fiscal
year ending in calendar year 2009, by the earlier of thirty (30) days following its
receipt by K'STAR or by September 30, 2009. K'STAR shall provide to
COt1NTY 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
2009, by September 30, 2009. 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.
2008, and ending on September 30, 2009, 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
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providing of services related to children, and to residents of Kerr 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.
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 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.
11. 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 aet 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 places 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 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 similar or other circumstances. or constitute a waiver
of the rights of either party to any other or further action in an_y
circumstances without notice or demand.
16. Successors and assigns. This contract shall inure to the benefit of, and he
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 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,
"fexas.
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 an_v
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 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
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K' STAR, and K' STAR shall have no authority to bind COUNTY to any contract.
matter or obligation. No duties of COtTNTY are delegated to K'STAR 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
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. "hhe
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.
kF_.RR COUNTY
K'STAR
~-- .~-
l~y: By:
ey
Kerr County Judge Y sid t, of the K ,TAR F3oard
Date: / ~ '~ ~ '~ ~ Date:
NOTICES
COi.1NTY: K'STAR:
Kerr County Executive Director. K' STAR
700 Main Street Y.O. Box 290962
Kerrville, Texas 78(128 Kerrville, Texas 78029-096?
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CLERK'S CERTIFICATION
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above
agreement was accepted, approved and agreed to by the Commissioners' Court of
Kerr County, Texas on November to . ?008, in Order No. 31092 recorded
and filed in the Minutes of the Commissioners" Court of Kerr County, "Texas.
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J NNET PIEPER ~
County Clerk
Kerr County, Texas
Date:
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November 10, 2008