ORDER NO. 31524
CONTRACTS WITH KERR COUNTY ENTITITES
Came to be heard this the 9th day of November, 2009, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously
approved by a vote of 4-0-0 to:
Approve Contracts with:
Turtle Creek Volunteer Fire Department
Big Brothers and Sisters
Families & Literacy,
And authorize County Judge to sign same.
31 S~ ~/
1 3~ ,
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 9, 2009 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the contracts with
Turtle Creek Volunteer Fire Department and Big Brothers and Sisters, and Families &
Literacy 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.
#31524
KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT
WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the
State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with
an incorporated volunteer fire department that is located within the county to provide fire protection to
an area of the county that is located outside the municipalities in the county, and
WHEREAS, the TURTLE CREEK VOLUNTEER FIRE DEPARTMENT, hereinafter "the
TCVFD," an incorporated volunteer fire department (IRS EIN 74-2500133), and Kerr County desire to
enter into a contract for the provision of fire protection services to Kerr County by the TCVFD,
IT IS THEREFORE AGREED that:
1. Term. The term of this contract is one year beginning on October 1, 2009 and ending on
September 30, 2010 unless earlier terminated in accordance with the provisions below.
2. Services Provided. The TCVFD shall provide fire protection services in or outside its Primary Fire
Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of
Texas applicable to volunteer fire departments.
3. Consideration. Kerr County shall provide to the TCVFD a sum not to exceed 15 000.00
during the term of this contract. In addition Kerr County shall provide Workers Compensation
coverage to the TCVFD volunteer firefighters while performing fire protection duties under this
contract, Kerr County's obligation to provide such coverage being contingent upon TCVFD providing
to Kerr County a written and current roster of all volunteer firefighters of TCVFD upon execution of
this Agreement. The TCVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all
TCVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to
immediately update the list when any changes occur thereto.
4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for
expenses incurred in the provision of fire protection services including, but not limited to,
replacement parts, training, equipment, and insurance. No funds may be expended for a salary
paid to any person.
5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be
presented to the office of the Kerr County Auditor for reimbursement to the TCVFD. In either
case payments shall be made in accordance with Kerr County bill payment procedures as
established by state law.
6. Insurance. During the term of this contract the TCVFD shall provide and maintain insurance
coverage at the levels of limitation of liability specified in the Texas Civil Practice & Remedies
Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single
occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or
destruction of property). The TCVFD shall provide a Certificate of Insurance to the County
Auditor not later than the beginning of the contract term. Said insurance shall apply as primary
liability coverage for the TCVFD while providing -fire protection services under this contract.
7. Workers Compensation. The workers compensation insurance for the volunteer firefighters is
provided by the County. It is the duty of TCVFD to provide and maintain an accurate volunteer
membership list to the County. The VFD shall provide an updated member list to the County
immediately upon any change in membership. In the event a VFD member is injured while
performing their duties as a volunteer firefighter, the injured member and the VFD shall fill out
an "Employer's First Report of Injury or Illness" form signed by the VFD Captain or
other designated agent and submit same to the County's Human Resource department no later
than 24 hours of the incident. In the event the injury occurs on the weekend or County
recognized holiday, the form shall be submitted on the next County business day. It is further
agreed between the parties that failure to submit a completed "Employer's First Report of Injury
or Illness" form as stated herein shall result in loss of claim coverage. The failure of VFD to
timely provide an accurate membership list may result in loss of claim coverage.
8. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and
their respective heirs, legal representatives, and successors. Neither party hereto shall assign
this contract to another party.
9. Default. In the event either party shall fail to keep, observe, or perform any provision of this
contract, the breaching party shall be deemed in default. If such default shall continue for a
period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-
breaching party shall be entitled to terminate this contract immediately.
10. Governing Law. This Contract shall be governed by and construed and interpreted in accordance
with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas.
11. 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 shalt 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.
12. Severabilitv. 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 terra, 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.
13. Limits of Relationship. The parties hereby agree that this is a contract for TCVFD to provide fire
protection services in Kerr County and hereby renounce the existence of any other relationship
including any agency relationship. In no event shall Kerr County have any obligation or liability
whatsoever with respect to any debts, obligations, or liabilities of the TCVFD, and the TCVFD
shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of
Kerr County are delegated to the TCVFD by this contract and any provision which is or may be
held to be such a delegation shall be of no force or effect.
14. Modification; Termination. This Contract may be amended, modified, terminated, or released
only by written instrument executed by the Kerr County Commissioners Court and the TCVFD,
except as herein otherwise provided.
15. Total Agreement. This contract is a total and complete integration of any and all understandings
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.
16. Effective Date. This agreement is effective upon execution by both parties and certification by the
Kerr County Clerk, whichever occurs latest.
17. Authori The undersigned officers and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this agreement on behalf of the
parties hereto, and each party hereby certifies to the other that any necessary resolutions
extending said authority have been duly passed and are now in full force and effect.
EXECUTED in multiple originals on the day of
2009.
P`~ sident/Chairman
URTLE CREEK VOLUNTEER FIRE DEPARTMENT Kerr County Judge
Date: ~~!.~~ / cJ ~ Date: -.
VOLUNTEER FIRE DEPARTMENT:
VOLUNTEER FIRE DEPARTMENT
Turtle Creek Volunteer Fire Department
Jack Parker
290 U er Turtle Creek
Kerrville. Texas 78028
KERR COUNTY:
COMMISSIONERS COURT
KERR COUNTY COURTHOUSE
700 E MAIN ST
KERRVILLE TEXAS 78028
CLERK'S CERTIFICATION
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement
was approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on
November 9 , 2009, in Order No. 31524 recorded and filed in the Minutes of the
Commissioners' Court of Kerr County, Texas. QQ
C~k~ T"`~R.c.~
vo~M~SSlONF9s
~~~~~
~Yf '~°
~ = '`~
OUNT Y ,~~.~.P
nnett Pieper
aunty Clerk
frr County, Texas
November 9, 2009
H~ ~ 'g ;,~1/~
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t. ~r»
C~n~~~r~ JoDGr
P,~~r "Il~t.t.v
CO44MISSIONERS COURT
H. A. "BUSTER' BALDWIN, PCT. 1
W(LL1AM H.W~[-u.aMS, PcT. 2
,IONAT}IAN LErz, PcT.3
BRUCE OEHLER. PCT. ~
October 5, 2009
Big Brothers and Sisters
Executive Director
1107 East Main Street
Ken-ville, TX 78028
Dear Executive Director:
THE COUNTY COURT
OF
KERR COUNTY, TEXAS
700 Main, Kerrville, Texas 78028
Tet: (830) 792-22ll
Fax: (830) 792-2218
E-mail commissioners@co,kerr.tx.us
CiEax
~ANNfa`t PIEPFK
COURT COORDINATOR
Jont• CiRIwSr~~r~
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, +~/~
Jod ~ Jrin ad,
Commissioners' Court Coordinator
enclosures
#31524
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 countybusiness; 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 X4,000.00 Such amount shall be disbursed by COUNTY to BIG
BROTHERS AND SISTERS on or after January 1, 2010, 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 fdr 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 tb 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 91ST'ERS' Internal Revenue Servccc,
non-profit classification is 501(c)(3) and its IRS EIN is 74-1897630.
5. Most recent financial and performance reports. BIG BRO'I~HERS AND
SISTERS shall submit to the Kerr County ~-,uditor 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 2009, 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, 2009, not later than 30 days after the
approval of this contract.
6. Prospective financial and~erfonnance 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 2010, by the earlier of thirty
(30) days following its receipt by BIG BROTHERS AND SISTERS or by
September 30, 2010. 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 2010, by September 30, 2010.
7. Term. The Term of this agreement is one year beginning on October 1, 2009, and
ending on September 30, 2010, unless earlier terminated by either party on thirty
(30) days written notice. The date of the cpmmencement of the term of said
agreement may be modified by agreement of the parties.
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,
2
construct, equip, operate, to supervise recreational facilities and programs for
children in Kerr County; provided, however, ghat 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 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 with additional parties for the provision of the aforementioned services to
residents of COUNTY.
1 1. Effective date. This agreement is effective upon approval by Order of the Kerr
County Commissioners' Court.
12. Non-discrimination. BIG BROTHERS AND :.SISTERS agrees to operate under a
policy of non-discrimination with regard to tYte provision of said services. Such
policy shall prohibit discrimination by BAG 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 BROTHIRS 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 ~
and all applicable laws, local, state, and fe
wages, social security benefits, discrimina
This clause places a duty to meet the requir
itself places such a duty on BIG BROTH
violation of any of those laws or ordinances
this contract.
ERS agrees to comply with any
~, regarding work hours, safety,
and/or workers compensation.
nts of such laws only if the law
AND SISTERS. Any act in
1 constihrte a material breach of
15. Default.
a. In the event either party shall fail
covenant, agreement, term or provi
observed or performed by such party,
continue for a period of ten (10) da;
defaulting party to the other, then in
party shall be entitled to terminate this
3
keep, observe or perform any
n of this contract to be kept,
>pectively, and such default shall
after notice thereof by the non-
~y such event the non-defaulting
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 privf ilege 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 pother cc~rcumstances, or constitute a waiver
of the rights of either party!. to ary 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 BIG BROTHERS AND SISTERS may not
assign this contract without COUNTY"S priorrwritten consent.
17. Governing_law. This contract shall be (governed by and construed and interpreted
in accordance with the laws of the State bf 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 herel
given by registered or certified mail; if given
shall be deemed to have been given and rec
letter containing such notice, properly aC
deposited in the United States mail; and if
mail, it shall be deemed to have been given ~
party to whom it is addressed. Such nbtices
the parties hereto at the addresses set forth b
time by giving ten (10) days written notice to
other address in substitution of the foregoit
communication shall be given.
der must be in writing, and may be
y registered or certified mail, same
ved when a registered or certified
ressed, with postage prepaid, is
iven otherwise than by registered
en delivered to and received by the
communications shall be given to
ow. Any party hereto may at any
1e other party hereto designate any
address to which such notice or
19. Severability. If any term, covenant or
thereof to any person or circumst~
unenforceable, the remainder of this
covenant or condition to persons or ci
is invalid or unenforceable, shall not b
or condition of this contract shall be
extent permitted by law.
of this contract or the applicatiol,
to any extent, be invalid or
or the application of such term,
;es other than those as to which it
thereby, and each term, covenant
i shall be enforced to the fullest
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
shall COUNTY have any obligation ot- liabil~ty whatsoever with respect to any
debts, obligations or liabilities of BIB BROTHERS AND SISTERS and BIG
BROTHERS AND SISTERS shall have no authority to bind COUNTY to any
contract, matter or obligation. No duties o~ COUNTY are delegated to BIG
BROTHERS AND SISTERS by this cdntract farad any provision which is or may
be held to be such a delegation shall be bf no force or effort.
4
21. Modification anal termination. Th
terminated or released only by written
BROTHERS AND SISTERS, except
contract may be amended, modified,
~strurn~ent executed by COUN"TY and I3IG
herein otherwise provided.
22. Total agreement. This contract is a tonal and
undertakings existing between the parties hers
written agreements, promises or representatic
the various paragraphs of this contract are f
define, interpret, affect or prescribe) the r
provisions of this contract. ',
KERR COUNTY BI<G BR
~_-....~.e_ ~__1~
~INLEY
Kerr County Judge
Date: ~ !~/ s-~ ~ ~ Date:_
COUNTY:
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
NOTICES
BIG B
1 I:07 I
CLERK'S CERT
mplete integration of any and alt
and supersedes any prior oral or
between them. The headings of
convenience only, and shall not
~ning and interpretation of the
THERS AND SISTERS
l/J~~y~-
~~ ~~~ ~ ~
THERS AND SISTERS:
Main Street
Texas 78028
I, JANNETT PIEPER, County Clerk of;~Kerr C~~ounty, Texas, certify that the above
agreement was accepted, approved and agreed~to by the Commissioners' Court of
Kerr County, Texas on November 9 009, in Order No.31524 recorded
and filed in the Minutes of the Commissioners Court of Kerr County, 'Texas.
f ,
~~SS~ ERs CO
O~ ';G~~
~; ~'
'p...,.a..~° ~~
DUN°~~
JANNE PIEPER
County C erk
Kerr Cou ty, Texas
Date: N~vember 9 , 2009
5
....~
~arni~;ey& lizP.raoy,Inc~
Board Members
Linda Falgiani
l'residefat
Virginia Summers
Bice President
Renee Wash
Secretary
Niki Cobb
Treast~ re r
Claudia Castillo
Kay Hudler
Mike Looney
Vicki Luther
Steve Schwarz
:ldvisory Board
Debbie Barron. Manager
4dcoAdrertising & Printing
~7ary Pattie Butters
Fred Henneke
Attorney
Jody McCulley. 'reacher
l~iunilies & Literary
Pat Murray, ct;~o
Peterson Regional Medical Center
Greg. Shrader, Punlisher
Kern~dle Daily 7intes
Families & Literacy, Inc.
as 78028 •830-896-8787 • Fax 830-896-3636 • Email: kerrlitCa~yahoaeom
I(?06-C Junc[ivn Hwy _
Kemi(le, "t'X 78028
October 26, 2009
Jody Grinstead
Commissioners' Court Coordinator
Kerr County Courthouse
700 Main
iCerrvi'tie, i k t~U2ti
Re: Families & Literacy, Inc. Contract
Dear Ms. Grinstead:
I am now in receipt of the Families & Literacy, Inc. contract
that was mailed from your office on October 5, 2009. It had
been delivered to our prior address and not been forwarded to
our new address; 1006 C Junction Hwy., Kerrville, TX 78028.
I have signed both contracts, included and will forward the
appropriate financial documents as per the contract.
Cordially,
Mike Hunter
Executive Director
Families & Literacy, Inc.
due Steele, PuhHc Relations Qfficer
Bank of the Hills
Doug Sundberg, CPA
Prz~ssier. Thompson & Associates
Dolores Vinas
BOb Wa~~ei. Sr Vice President
L3road«'at Bank
Enabling Adults Through Education
We area 501(c)(3) non-profit organization. Your contributions are tax-de.ductib(e.
#31524
"FAMILIES & LITERACY INC." CONTRACT
S7-'ATE OF TEXAS
COUNTY OF KERB §
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 FAMILIES c~
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 COL1N7"Y
receives adequate consideration for the county funds to be provided by this contract; and
WHEREAS, FAMILIES & LITERACY, INC., hereinafter "FAMILIES &
LITERACY, 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 COITNTY and to residents of Kerr County;
IT IS THEREFORE AGREED THAT:
I. Consideration. In consideration for the services described below to the
COUNTY, FAMILIES & LITERACY, INC. shall be entitled to a lump sum not
to exceed $3,000.00. Such amount shall be disbursed by the COUNTY to
FAMILIES & LITERACY, INC. on or after January 1, 2010, 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
COiJNTY and the residents of Kerr County as follows:
Page 1 of 5
a. Education services including: Fundamental Literacy, Adult I3asi~
Education, GED Preparation, Parenting with Love and Logic, and For
Kids' Sake.
4. IRS classification. FAMILIES & LITERACY. INC.'s Internal Revenue
Service, non-profit classification is 501 c 3 and its IRS EIN is 74-292573.
5. Most recent financial and performance reports. I'AMILIES &
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 I:or
the period of FAMILIES & LITERACY, INC.'s fiscal year ending in calendar
year 2009, 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, 2009, 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 2010, by the earlier of thirty (30) days
following its receipt by FAMILIES & LITERACY, INC. or by September 30,
2010. 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 f seal year
ending in calendar year 2010, by September 30, 2010.
7. Term. The Term of this agreement is one year beginning on October l ,
2009, and ending on September 30, 2010, 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
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
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other state of federal law or regulation concerning the disclosure of confidential or
privacy matters.
10. N_on-exclusion. This contract is not exclusive and COUNI~Y 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 & LI"I'ERACY, 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.
i4. 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.
t ~. 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-defauhing
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
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of the rights of either party to any other or further action in any
circumstances without notice or demand.
l ~. 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.
'T'exas.
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 bylaw.
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.
2l. Modification and termination. This contract may be amended, modified:,
terminated or released only by written instrument executed by COUNTY and
FAMILIES & LITERACY, INC., except as herein otherwise provided.
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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
FAMILIES & LITERACY, INC.
EY - BY~ --
~'`~at ' n ey Executive Director
Kerr County Judge FAMILIES & LITERACY, INC.
Date:
COUNTY:
Kerr County
700 Main Street
Kerrville, Texas 78028
Date: l/~~°j- ~~ { 20l~S
NOTICES
FAMILIES & LITERACY, INC.
Executive Director
1()U6-(: Junction Hwy
Kemi(le, TX 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 November 9 , X009, in Order No~1524 _recorded
and filed in the Minutes of the Commissioners' Court of Kerr County, Texas.

~~S~~C3NERSC JANNETT PIEPER
~~~'° °•,OG County Clerk
v ° °~-~ err County, Texas
~~ ~
h , ~. ' ~
'~°<`, F ~ November 9, 2009
>;~~=? ``~.~0°09...~-T ~~~" ate:
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