ORDER N0.31067
CONTRACTS WITH KERB COUNTY SPONSORED ENTITIES AND VOLUNTEER
FIRE DEPARTMENTS
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 Contracts with Kerr Economic Development Foundation, Big Brothers and
Sisters, Comfort Volunteer Fire Department, Elm Pass Volunteer Fire Department, Turtle
Creek Volunteer Fire Department, Center Point Volunteer Fire Department and Castle
Lake Volunteer Fire Department, and authorize County Judge to sign same.
~~~~ 310(0
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: October 27, 2008
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the contracts with
Kerr Economic Development Foundation, Big Brothers and Sisters, Comfort Volunteer
Fire Department, Elm Pass Volunteer Fire Department, Turtle Creek Volunteer Fire
Department, Center Point Volunteer Fire Department and Castle Lake 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.
#31067
BIG BROTHERS AND SISTERS 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 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 BIG
BROTHERS AND SISTERS, a national nonprofit organization, hereinafter referred to as
"BIG BROTHERS AND SISTERS," so that BIG BROTHERS AND SISTERS 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, COUNTY has the authority, under § 264.006, Texas Family Code,
to provide services to and support of children in need of protection and care, without
regard to the immigration status or financial status of the child or the child's family and
FURTHER, the Texas Attorney General determined on December 3, 2001, in Opinion
JC-0439 that COUNTY may transfer funds directly to local nonprofit organizations to the
extent that these organizations provide services. to and support for children who need
protection and care and FURTHER, that COUNTY has determined such activities serve
valuable public purposes and constitute county business; and
WHEREAS, BIG BROTHER AND SISTERS is engaged in the provision of such
services to children in Kerr County, including those referred by the juvenile probation
department, and other Kerr County departments engaged in the provision of services
related to children and FURTHER, that COUNTY desires to contract with BIG
BROTHERS AND SISTERS to continue to provide those services to COUNTY, its
residents and its departments;
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to the residents
of COUNTY, BIG BROTHERS AND SISTERS shall be entitled to a lump sum
not to exceed $4,000.00 Such amount shall be disbursed by COUNTY to BIG
BROTHERS AND SISTERS on or after January 1, 2009, upon written request
from BIG BROTHERS AND SISTERS.
2. Insurance. BIG BROTHERS AND SISTERS 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 $1,000,000.00:
3. Services. BIG BROTHERS AND SISTERS will provide services to residents of
COUNTY as follows:
a. Provide positive adult role models to children, ages 7-14, from single-
parent families, and
b. Provide additional support to single-parent families by giving
supplemental community resource referrals, as needed.
4. IRS classification. BIG BROTHERS AND SISTERS' Internal Revenue Service,
non-profit classification is 501(c)(3) and its IRS EIN is 74-1897630.
5. Most recent financial and performance reports. BIG BROTHERS AND
SISTERS shall submit to the Kerr County Auditor and the Kerr County Judge
each a copy of BIG BROTHERS AND SISTERS most current independent
financial audit or end-of--year financial report of all expenditures and income for
the period of BIG BROTHERS AND SISTER'S fiscal year ending in calendar
year 2008, within 30 days of the approval of this contract. BIG BROTHERS
AND SISTERS shall provide to the Kerr Country Auditor and the Kerr County
Judge each a performance review by which BIG BROTHERS AND SISTERS
gives details of services provided and clients served for the previous COUNTY
fiscal year ending on September 30, 2008, not later than 30 days after the
approval of this contract.
6. Prospective financial and performance reports. BIG BROTHERS AND SISTERS
shall submit to the Kerr County Auditor and the Kerr County Judge each a copy
of BIG BROTHERS AND SISTER'S independent financial audit or end-of--year
financial report of all expenditures and income for the period of BIG BROTHERS
AND SISTERS fiscal year ending in calendar year 2009, by the earlier of thirty
(30) days following its receipt by BIG BROTHERS AND SISTERS or by
September 30, 2009. BIG BROTHERS AND SISTERS shall provide to the Kerr
County Auditor and the Kerr County Judge each a performance review by which
BIG BROTHERS AND SISTERS gives details of services provided and clients
served for the BIG BROTHERS AND SISTERS 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.
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8. Use of funds. No moneys paid to BIG BROTHERS. AND SISTERS 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 BIG BROTHERS AND SISTERS
shall be open for inspection during normal business hours to any member of the
public, the Ken County Auditor, and such persons as may be given that authority,
in writing, by the Ken 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 with additional parties for the provision of the aforementioned services to
residents of COUNTY.
11. Effective date. This agreement is effective upon approval by Order of the Ken
County Commissioners' Court.
12. Non-discrimination. BIG BROTHERS AND SISTERS agrees to operate under a
policy of non-discrimination with regard to the provision of said services. Such
policy shall prohibit discrimination by BIG BROTHERS AND SISTERS'
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. BIG BROTHERS AND SISTERS further agrees
to adopt and maintain a policy that prohibits sexual harassment. Any act of
sexual harassment by BIG BROTHERS AND SISTERS' employees or principals
constitutes a material breach of this contract.
14. Applicable laws. BIG BROTHERS AND SISTERS 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 BIG BROTHERS AND SISTERS. 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
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, Iegal representatives,
successors and assigns; provided that BIG BROTHERS AND SISTERS 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 is for the administration of the
program and hereby renounce the existence of any other relationship. In no event
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shall COUNTY have any obligation or liability whatsoever with respect to any
debts, obligations or liabilities of BIG BROTHERS AND .SISTERS and BIG
BROTHERS AND SISTERS shall have no authority to bind COUNTY to any
contract, matter or obligation. No duties of COUNTY are delegated to BIG
BROTHERS AND SISTERS 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 BIG
BROTHERS AND SISTERS, 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
By:
INLEY
Kerr County Judge
Date: OC~'~7~' ~ ~ ~~
BIG BROTHERS AND SISTERS
By:
Date: OC,~~,~r ~iiY. ~~
NOTICES
COUNTY:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
BIG BROTHERS AND SISTERS:
222 Sidney Baker So., #213
Kerrville, Texas 78028
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 october 27 , 2008, in Order No. 31o67recorded
and filed in the Minutes of the Commissioners' Court of Kerr County, Texas.
~~,~SIONERsc
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ANNETT PIEPER
ounty Clerk
Kerr County, Texas
Date:
6
October 27, 2008