ORDER N0.31054
HILL COUNTRY ALTERNATE DISPUTE RESOLUTION CENTER (HDADRC)
CONTRACT FOR MEDIATION SERVICES
Came to be heard this the 27th day of October, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Contract between the Hill Country Alternate Dispute Resolution Center
(HDADRC) and Kerr County to provide mediation services in Kerr County and for
funding.
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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: ~:, ~ ~C~'Al~~:%S OFFICE: ~/GZ ~O~l~~y ~~~ C~/VT~/G
MEETING DATE: ~ 13o I a pp $ TIIVIE PREFERRED` .~/'L ,y
SUBJECT: ' G ~~v S~o~CdL.~ iiON ANO Tk'~" fi~l~e°f~e f'~~ l~T~ ' fit' T~Dn/ DN
/PEQ vCs7" ~y h'CF~DoQC %o /~c^1/iCc~.1 ~a~Y c T ~/ <i ~~' ~~ ~ v,~vi y
/~d v/d~~ ~~of ~ ~o,~/ ~~'~' dic cs' /n/ `c'22 Coves i y1 ~iVo ~rz tUNO/'~ ~
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) /U4/1/~
NAME OF PERSON ADDRESSING THE COURT: ~4 ~E~q vas
LENGTH OF PRESENTATION: S 1~7/~!!U ~S'
IF PERSON1~iEL MATTER -NAME OF EMPLOYEE: /U/f~
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Governmeirt 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 towazds your request being
addressed at tie earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
#31054.
"HCADRC"CONTRACT
STATE OF TEXAS §
COUNTY OF KERB §
WHEREAS, the .Kerr County Commissioners Court, hereinafter "COUNTY", a
political subdivision of the State of Texas, has the authority, under § 152.002, Texas Civil
Practice & Remedies Code, as amended, to contract for alternative dispute resolution
services, as; defined in Section 152.001, Texas Civil Practice & Remedies Code, as
amended, and
WHEREAS, the Hill Courrtry Alternative Dispute Resolul~on Center, hereinafter
"HCADRC," a Texas non-profit corporation, has been formed for the purpose of and is
engaged in providing ahernative dispute resolution services;
WHEREAS, HCADRC has contracted with COUNTY to provide these services
in said COUNTY and has been doing so since October, 2002, and HCADRC desires to
continue this relationship by renewing its contract with COUNTY to provide those
services to :the citizens of Kerr County and the Hill Country region (hereinafter
"citizens");
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to the
citizens, HCADRC shall be entitled to (a) utilize space in the Kerr County
Courthouse for mediation services as .approved by the Kerr County
Corr~missioners Court and affected elected officials, aad (b) receive a lump sum
of 5 Oai 00 from the COUNTY for its fiscal year October 1, 2008 -September
30, 2009.
2. ~iS~s. HCADRC will provide services to citizens through the Ken
County Justice of the Peace courts, the Kerr County Court, the Kerr County Court
at Lbw, and the 198' and 216' Judicial District Courts, and other Ken County
courts, as follows:
Alternative 'dispute resolution services to all residents of COUNTY on a
low cost basis.
Page 1 of 5
t')RIC~INAL
3. IRS classification. HCADRC is atax-exempt non-profit 501(c)(3)
corporation. Its IR5 EIN is 364506319.
4. Financial and Performance reports. A copy of HCADRC's independent
end-bf--year financial report of all expenditures and income for the calendar year
2007 is attached. Also attached is a copy of HCADRC's performance review for
calendar year 2007.
5. berm. 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.
6. Use of funds. The moneys paid to HCADRC shall be expended solely for
the provision of salaries to employees of HCADRC and operational expenses of
HCADRC in COUNTY.
7. Books and records. All books and records of HCADRC shall be open for
inspection during normal business hours to any member of the public, the Kerr
County Auditor, and such persons or entities as may be given that authority, in
writing, by the COUNTY, provided, however, that this clause shall in no way be
con~rued to ovemde the provisions of the Federal Privacy Act or other state or
federal law or regulation concerning the disclosure of confidential or privacy
matters.
8. 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 and other Kerr County departments engaged in the
providing of alternative dispute services to residents of Kerr County.
9. Effective date. This agreement is effective upon approval by Order of the
COUNTY.
10. Non-discrimination. HCADRC agrees to owe under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination by HCADRC'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.
Page 2 of 5
11. Sexual harassment prohibited. HCADRC further agrees to adopt and
maintain a policy that prohibits sexual harassment. Any act of sexual harassment
by HCADRC'S employees or principals constitutes a material breach of this
comract.
12. Applicable laws. HCADRC 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
HCADRC. Any act in violation of any of those laws or ordinances shall
constitute a material breach of this contract..
13. 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
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.
14. 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 HCADRC may not assign this contract
without COUNTY' S prior written consent.
15. Governing taw. 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.
Page 3 of 5
16. 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 j by giving ten (10) days written notice to the other party hereto designate any
other address in substitution of the address given below to which such notice or
communication shall be given.
17. 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.
18. 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
HCADRC, and HCADRC shall have no authority to bind COUNTY to any
contract, matter or obligation. No duties of COUNTY are delegated to HCADRC
by this contract and any provision which is or may be held to be such a delegation
shall be of no force or effort.
19. Modification and termination. This comract may be amended, modified,
terminated or released only by written instrument executed by COUNTY and
HCADRC, except as herein otherwise provided.
20. Total, regiment. 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, urterpret, affect or prescribe the meaning and interpretation of the
provisions of this contract.
Page 4 of 5
COUNTY
HCADRC
B By:
~" ~ Pat 'inley Ilse D. Bailey,
Kerr Courrty Judge President, of the HC RC Board
Date: f ~ ' ~ !
Date: Ind ~ ~ ~ U~
NOTICES
COUNTY:'
Kerr County Commissioners Court
c% Kerr County Judge
700 Main Stzeet
Kerrville, Texas 78028
HCADRC:
Ed Reaves
Executive Director, HCADRC
327 Earl Garrett, Suite 108
Kerrville, Texas 78028
Page 5 of 5
aa7 ~~ Hill Country ADR Center Inc
~' 09/22/os Profit & Loss
cast, Basis January through December 2007
	Jan -Dec 07	Jan -Dec 06
Ordinary IncomelExpense		
Income		
Contributions Income		
County Funding	47,899.36	43,763.55
In-Kind	2,400.00	1,800.00
Restricted	9,000.00	0.00
Unrestricted	1,236.52	50.00
Total Contributions- Income	60,535.88	45,613.55
Miscellaneous Income		
Rent Conference Room	50.00	_ _ 0.00
Total Miscellaneous Income	50.00	0.00
Program Fees		
Mediation	36,449.08	23,835.00
Total Program Fees	36,449.08	23,835.00
Reimbursed Expenses	0.00	523.21
Services		
Training Mediator	1,000.00	- _ ,6,615.00
Total Services	1,000.00	_ 6,615A0
		
Total Income	98,034.96	76,586.76
Expense		
Advertising		
Website Upkeep	362.50	297.50
Advertising -Other	400.00	_ _ 681.90
Total Advertising	762.50	979.40
Bank Service Charges	58.00	37.50
Dues and Subscriptions	492.00	215.00
Insurance		
Liability Insurance	1,664.00	1,593.00
Workmen's Compensation	467.00	547.00
Total Insurance	2,131.00	2,140.00
Miscellaneous	0.00	97.98
Office Supplies	2,405.14	2,374.55
Payroll Expenses		
.Partial	0.00	0.00
Salary	48,480.00	47,160.00
Total Payroll Expenses	48,480.00	47,160.00
Postage and Delivery	285.80	869.22
Printing and Reproduction	5.50	0.00
Professional Fees		
Accounting	2,400.00	1,800.00
Grant Writer	619.95	0.00
Legal Fees	0.00	19.00
Total Professional Fees	3,019.95	1,819.00
Page 1
a:3~ P~ Hill Country ADR Center Inc
o~~22ros Profit & Loss
cash Basis- January through December 2007
Program Expense
Peer Meditation
Training Conference
Training Supplies
Total Program Expense
Rent..
Repairs
Camputer Repairs
Equipment Repairs
Total. Repairs
Taxes Payroll
FICA
Medicare
Other
Total" Taxes Payroll
Telephone
Travel 8< Mediation Meals
Meals
Travel
Total' Travel & Mediation Meals
Total Expense
Net Ordinery Income
Other Income/Expense
Other Income
Interest Income
Grant Savings
Savings
Interest Income -Other
Total Interest Income
Other Income
Foundation
Total Other Income
Total Other Income
Net Other Income
Net Income
Jan -Dec 07 Jan -Dec 06
1,154.50	0.00
2,002.55	4,005.00
1,542.51	3,017.51
4,699.56	7,022.51
9,078.75	9,000.00
220.09	110.90
0.00	648.17
220.09	759.07
3,005.76	2,923.92
702.96	683.82
1,970.09	0.00
5,678.81	3,607.74
2,270.55	2,394.71
2,076.56	1,355.91
1,255.75	1,780.54
3,332.31
82,919.96
15,115.00
34.34
3.94
2.72
41.00.
3,136.45
81,613.13
-5,026.37
0.00
0.00
34.44
34.44
480.24 681.78
480.24 681.78
521.24 716.22
521.24 716.22
15,636.24 -4,310.15
Page 2
EXHIBIT B
TO HCADRC CONTRACT
Hill Country Alternative Dispute Resolution Center, Inc.
327 Earl Garrett, Suite 108, Kerrville, TX 78028
830-792-5000 Toll Free 888-292-1502
PERFORMANCE REPORT
CALENDAR YEAR 2007
During the 2047 calendar year, the Hiil Country Alternative Dispute Resolution Center
(HCADRC) held a total of 149 mediations, up from 137 in 2006, and 104 in 2005. Since
the opening of the HCADRC in late 2002, we have mediated over 600 cases.
In 2007, there were 79 Kerr County mediations, which was up from 61 cases in 2006,
and 53 cases in 2005. During 2007, Kerr County mediations had a settlement rate of
88.6%.
We have already completed. 59 Kerr County mediations to date in 2008. Overall, it
looks like we will complete a total of about 175 cases by the end of 2008.
The cases from Kerr County during 2007 included Child Protective Services (16 cases),
contract disputes, personal injury, real estate, will disputes, divorce/custody suits
(including paternity, child support and modification actions), disputes between
neighbors, ancf one patent (intellectual property) case. The HCADRC mediated cases
from the 198th and 216' Judicial District Courts, Kerr County Court at Law, Kerr County
Court, Justice of the Peace Court, as well as pre-litigation disputes.
During 2007 the HCADRC provided Peer Mediation training to elementary school age
children at the Doyle School Community Center. In 2008 we also provided Peer
Mediation training to the students of Tally Elementary School. Peer Mediation offers a
new model of dispute resolution which students can use without having to resort to
physical confrontation.
Successful mediations help alleviate overcrowding in our courts, and can save the
parties a great deal of anguish and expense. The parties tend to be much more
satisfied with a settlement that they have helped to craft, and such solutions are more
likely to stand the test of time.
The funding which the Kerr County Commissioners' Court provides is greatly
appreciated.
Sin/c@/-erely,
J. Edward Reaves, r.
Executive Directpr
September 17, 2008