ORDER NO. 31110
CONTRACTS WITH KERR COUNTY ENTITIES
Came to be heard this the 24th day of November. 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz, the Court ~~nanimously
approved by a vote of 4-0-0 to:
Approve Contracts with Dietert Center, Families & Literacy, Inc., and Kerr County Soil
& Water Conservation District, and authorize County Judge to sign same.

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 Jud`'~f
MEETING DATE: November 24, 2008 "TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the contracts with
Dietert Center, Families & Literacy, Inc. and Kerr County Soil & Water Conservation
District 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:
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.
COUNTY.TUDGE
PAT TINLEY
COMMISSIONERS COURT
H.A. "BUSTER" BALDWIN, PcT. 1
WILLIAM H. WILLIAMS, PCT. T
JONATHAN LETZ, PCT. 3
BRUCE OEHLER, PCT. 4
October 3, 2008
Families & Literacy, Inc.
c%o Ms. Carrie Arrington
Executive Director
P.U. Box 29096?
Kerrville, TX 78028
Dear Ms. Arrington:
~~P~ E ~\
i ~
~~ ~
o~`y of ~e
THE COUNTY COURT
OF
KERB COUNTY, TEXAS
700 Main, Kemille, Texas 78028
Tel: (830) 792-2211
Fax: (830) 792-22(8
E-mail: commissioners@co.kerr.tx.us
CLERK
JANNETI' PIEYER
COURT COORDINATOR
.TODY GRINSTEAD
Enclosed are two original contracts between your Agency and Kerr County. Please sign
both copies, return to Kerr County and we will execute same and return a signed original
to you.
Sincerely,
Jo Gri tad,
Co missioners' Court Coordinator
enclosures
#31110
"FAMILIES & LITERACY, INC." 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 deter°mined
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 FAMILIES &
LITERACY, INC., a Texas nonprofit corporation, hereinafter referred to as FAMILIES
& LITERACY, INC., so that FAMILIES & LITERACY, INC. 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, FAMILIES & LITERACY, INC., hereinafter `°FAMILIES &
LI"I'ERACY, INC." a Texas non-profit corporation, is engaged in providing educational
services to Kerr County residents 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 t11e
COUNTY, FAMILIES & LITERACY, INC. shall be entitled to a lump sum not
to exceed $3,000.00. Such amount shall be disbursed by the BOARD to
FAMILIES & LITERACY, INC. on or after January 1, 2009, upon written
request from FAMILIES & LITERACY, INC.
2. Insurance. FAMILIES & LITERACY, INC. shall at all 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.
3. Services. FAMILIES & LITERACY, INC. will provide services to
COUNTY and the residents of Kerr County as follows:
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a. Education services including: Fundamental Literacy, Adult Basic
Education, GF.D Preparation, Parenting with Love and Logic, and For
Kids' Sake.
4. IRS classification. FAMILIES & LITERACY, INC.'s Internal Revenue
Servic'e.~_non-profit classification is 501 c 3 and its IRS EIN is
5. Most recent financial and performance reports. FAMILIES &
LITERACY, INC. shall submit to the Kerr County Auditor and the Kerr County
Judge each a copy of FAMILIES & LITERACY, INC. most current independent
financial audit or end-of--year financial report of all expenditures and income for
the period of FAMILIES & LITERACY, INC.'s fiscal year ending in calendar
year 2008, within 30 days of the approval of this contract. FAMILIES &
LITERACY, INC. shall provide to the Kerr County Auditor and the Kerr County
Judge each a performance review by which FAMILIES & LITERACY, INC.
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. FAMILIES &
LITERACY, INC. shall submit to COUNTY a copy of FAMILIES &
LITERACY, INC.'s independent financial audit or end-of--year financial report of
all expenditures and income for the period of FAMILIES & LITERACY, INC.'s
fiscal year ending in calendar year 2009, by the earlier of thirty (30) days
following its receipt by FAMILIES & LITERACY, INC. or by September 30,
2009. FAMILIES & LITERACY, INC. shall provide to COUNTY a performance
review by which FAMILIES & LITERACY, INC. gives details of services
provided and clients served for the FAMILIES & LITERACY, INC.'s fiscal year
ending in calendar year 2009, by September 30, 2009.
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 FAMILIES & LITERACY, INC. shall
be expended for any purpose other than for the providing of the aforementioned
services to the courts; 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 FAMILIES & LITERACY,
INC. 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
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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 residents of Kerr County.
11. Effective date. This agreement is effective upon approval by Order of the
KERR COUNTY COMMISSIONERS COURT.
12. Non-discrimination. FAMILIES & LITERACY, INC. agrees to operate
under a policy of non-discrimination with regard to the provision of said services.
Such policy shall prohibit discrimination by FAMILIES & LITERACY, INC.'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. FAMILIES & LITERACY, INC. further
agrees to adopt and maintain a policy that prohibits sexual. harassment. Any act
of sexual harassment by FAMILIES & LITERACY, INC.'s employees or
principals constitutes a material breach of this contract.
l4. Applicable laws. FAMILIES & LITERACY, INC. 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 FAMILIES & LITERACY, INC.. 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 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
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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 FAMILIES & LITERACY, INC. 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 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. 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
FAMILIES & LITERACY, INC., and FAMILIES & LITERACY, INC. shall
have no authority to bind COUNTY to any contract, matter or obligation. No
duties of COUNTY are delegated to FAMILIES & LITERACY, INC. by this
contract and any provision which is or may be held to be such a delegation shall
be of no force or effort.
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21. Modification and termination. "hhis contract may be amended, modified.
terminated or released only by written instrument executed by COUNTY and
FAMILIES & LITERACY, 1NC., 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 not define, interpret, affect or prescribe the meaning and interpretation of the
provisions of this contract.
KERR COUNTY
~. - inley ~.,
Kerr County Judge
FAMILIES & LITERACY, INC.
Carrie Arrington
Executive Director
FAMILIES & LITERACY, INC.
Date: / / '' ~ `1~' ~-~~
Date: ~ U ~' ~ r~~
NOTICES
COUNTY:
Kerr County
700 Main Street
Kerrville, Texas 78028
FAMILIES & LITERACY, INC.
Carrie Arrington
Executive Director
P.O. Box 290962
Kerrville, Texas 78029-0962
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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 24 , 2008, in Order No.3111o recorded
and filed in the Minutes of the Commissioners' Court of Kerr County, Texas.
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JANNETT EPER
County Clerk
Kerr County, Texas
November 24, 2008
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