ORDER NO. 31432 HILL COUNTRY ALTERNATIVE DISPUTE RESOLUTION CENTER CONTRACT Came to be heard this the 14th day of September, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve Hill Country Alternative Dispute Resolution Center (HCADRC) Contract and renewal fee being $15,000.00 for the ensuing budget year. 1.3 3~ y3~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Ed Reaves OFFICE: Hill Country Alternative Dispute Resolution Center MEETING DATE: September 14, 2009 TIME PREFERRED: Early SUBJECT: Follow-on contract for providing alternative dispute resolution services. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) No. NAME OF PERSON ADDRESSING THE COURT: Ed Reaves ESTIMATED LENGTH OF PRESENTATION: 5 minutes 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. #31432 "HCADRC" CONTRACT STATE OF TEXAS § COUNTY OF KERR § WHEREAS, the Ken 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 Country Alternative Dispute Resolution Center, hereinafter "HCADRC," a Texas non-profit corporation, has been formed for the purpose of and is engaged in providing alternative 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 Ken 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 Commissioners Court and affected elected officials, and (b) receive a lump sum of $15,000.00 from the COUNTY for its fiscal year October 1, 2009 -September 30, 2010. 2. Services. HCADRC will provide services to citizens through the Ken County Justice of the Peace courts, the Ken County Court, the Kerr County Court at Law, and the 198` and 216th 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 3. IRS classification. HCADRC is atax-exempt non-profit 501(c)(3) corporation. Its IRS EIN is 364506319. 4. Financial and Performance reports. A copy of HCADRC's independent end-of--year financial report of all expenditures and income for the calendar year 2008 is attached. Also attached is a copy of HCADRC's performance review for calendar year 2008. 5. Term. The Term of this agreement is one yeaz 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 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 construed to override 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 operate 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 contract. 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 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 Ken 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 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 contract may be amended, modified, terminated or released only by written instrument executed by COUNTY and HCADRC, except as herein otherwise provided. 20. 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. Page 4 of 5 COUNTY HCADRC By: ~ By: r ~ , ey Ilse D. Bailey, Kerr County Judge President, of the HCADRC Board Date: _ l ~~~ iii Date: ~ / (~ ,~~~ NOTICES COUNTY: Kerr County Commissioners Court c/o Kerr County Judge 700 Main Street Kerrville, Texas 78028 HCADRC: Ed Reaves Executive Director, HCADRC 327 Earl Garrett, Suite 108 Kerrville, Texas 78028 Page 5 of 5 4:33 PM 02/05/09 Cash Basis Hill Country ADR Center Inc Profit & Loss January through December 2008 Jan - I~pr_ (1R Ordinary Income/Expense Income Contributions Income County Funding In-Kind Restricted Unrestricted Total Contributions Income Miscellaneous Income Rent Conference Room Total Miscellaneous Income Program Fees Mediation Total Program Fees Services Training Mediator Total Services Total Income Expense Advertising Website Upkeep Advertising -Other Total Advertising Bank Service Charges Contributions Dues and Subscriptions Insurance Liability Insurance Workmen's Compensation Total Insurance Miscellaneous Office Supplies Payroll Expenses Partial Salary Payroll Expenses -Other Total Payroll Expenses Postage and Delivery Printing and Reproduction Professional Fees Accounting Grant Writer Total Professional Fees 32,040.54 3,000.00 0.00 3,100.00 38,140.54 0.00 0.00 38,915.00 38,915.00 9,365.00 9,365.00 86,420.54 348.75 0.00 348.75 281.50 210.00 840.00 1,614.84 587.16 2,202.00 192.50 4,516.68 0.00 57,576.08 1,000.00 58,576.08 105.88 0.00 3,000.00 0.00 .. ..3,000.00 Jan -Dec 07 47,899.36 2,400.00 9,000.00 1,236.52 60,535.88 50.00 50.00 36,449.08 36,449.08 1,000.00 1,000.00 98,034.96 362.50 400.00 762.50 58.00 0.00 492.00 1,664.00 467.00 2,131.00 0.00 2,405.14 0.00 48,480.00 0.00 48,480.00 285.80 5.50 2,400.00 619.95 3,019.95 Page 1 4:33 PM 02/05/09 Cash Basis Hill Country ADR Center Inc Profit & Loss January through December 2008 Jan -Dec 08 Program Expense Peer Meditation Training Conference Training Supplies Total Program Expense Refund Peer Med Grant Rent Repairs Computer Repairs Equipment Repairs Total Repairs Return Check Taxes Payroll FICA Medicare Other Total Taxes Payroll Telephone Travel & Mediation Meals Meals Travel Total Travel & Mediation Meals Total Expense Net Ordinary Income Other Income/Expense Other Income Interest Income Building Fund Grant Savings Savings Interest Income -Other Total Interest Income Other Income Building Fund Foundation Total Other Income Total Other Income Net Other Income Net Income 479.75 1,159.00 2,494.90 4,133.65 .1,046.35 9,038.25 89.94 80.00 169.94 178.00 3,569.72 834.85 1,048.69 5,453.26 2,222.56 2,686.90 2,663.08 5,349.98 97,865.38 -11,444.84 0.63 6.43 6.44 35.64 Jan -Dec 07 1,154.50 2,002.55 1,542.51 4,699.56 0.00 9,078.75 220.09 0.00 220.09 0.00 3,005.76 702.96 1,970.09 5,678.81 2,270.55 2,076.56 1,255.75 3,332.31 82,919.96 15,115.00 0.00 34.34 3.94 2.72 49.14 41.00 200.00 0.00 10,000.00 480.24 10,200.00 480.24 10,249.14 521.24 k 10,249.14 521.24 -1,195.70 15,636.24 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 2008 During the 2008 calendar year, the Hill Country Alternative Dispute Resolution Center (HCADRC) held a total of 153 mediations, up from 149 in 2007. Since the opening of the HCADRC in late 2002, we have mediated over 800 cases. In 2008, there were 77 Kerr County mediations. During 2008 Kerr County had more family law cases (38) than any other kind, which is a category that includes paternity, child support and modification actions. Over four of every five cases mediated in 2008 resulted in settlements. The other kinds of disputes involving Kerr County residents during 2008 included Child Protective Services (16 cases), contract disputes, personal injury, real estate, probate, patent, copyright, home owner association, debt collection, and one misdemeanor criminal case. The HCADRC mediates cases from the 198th and 216th Judicial District Courts, Kerr County Court at Law, Kerr County Court, and Justice of the Peace Courts, as well as pre-litigation and family or neighbor disputes. During 2008 the HCADRC provided Peer Mediation training to the students of Tally Elementary School. Peer Mediation helps students to settle disputes without having to resort to physical confrontation, and saves teachers time for teaching. We have already completed an additional 52 Kerr County mediations to date in 2009, which includes 11 Child Protective Services cases. 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. Sincerely, J. Edward Reaves, Jr. Executive Director September 3, 2009