ORDER NO. 31444 OFFICE OF COURT ADMINISTRATION CONTRACT NUMBER 10-011 Came to be heard this the 14th day of September, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0 to: Approve Office of Court Administration Contract Number 10-011. 2 ~.a 31yy~ 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 Pat Tinley OFFICE: County Judge MEETING DATE: September 14, 2009 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on approval of Office of Court Administration contract number 10-011. 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. nva~~ OFFICE OF COURT ADMINISTRATION 205 WEST 14TM STREET, SUITE 600 • (512) 463-1625 • TAX (512) 463-1648 P.O. Box 12066 • AUSTIN, TEXAS 78711-2066 CARL REYNOLDS Administrative Director MEMORANDUM TO: Presiding Judges, Administrative Judicial Regions FROM: Maria Elena Ramon SUBJECT: Assistance to the Administrative Judicial Regions DATE: August 5, 2009 The Conference of Regional Judges has agreed to divide the funds appropriated to OCA under Strategy A.1.4., Assistance to the Administrative Regions, equally among the nine administrative judicial regions. (See OCA's 2010-11 appropriation, S.B. 1, General Appropriations Act, 81St Regular Session, Article N Strategy A.1.4.) The funds are for salary supplements for the assistants~to the administrative judicial regions. Two of the assistants are employed by their respective regions; five are employed by counties. Two of the assistants are employed by OCA and paid directly from the appropriated funds. Divided equally among the nine regions, each region will receive $40,186.00 for the biennium. In the seven regions where the assistants are employed by the county or region, OCA will reimburse the county or region in the amount of $40,186.00 for salary and benefits paid to the assistants. In the two regions where the assistants are employed by OCA, the regions will reimburse OCA for the difference between the amount OCA is paying for the assistants directly from appropriated funds and the equalized biennial amount of $40,186.00. ~`~~4~ OFFICE OF COURT ADMINISTRATION CARL REYNOLDS Administrative Director August 21, 2009 The Honorable Stephen B. Ables Presiding Judge Sixth Administrative Judicial Region 700 Main Kerrville, Texas 78028 Re: OCA Contract No. 10-011 Contract Between OCA and Kerr County Dear Judge Ables: Enclosed are three original contracts between the Office of Court Administration and Kerr County for the partial reimbursement of salary and expenses for an administrative assistant or assistants for the Sixth Administrative Judicial Region. The contract is for the FY 2010/2011 biennium (September 1, 2009, through August 31, 2011). If the terms of the contract are acceptable, we would appreciate it if you could assist us by executing the contracts and forwarding them to Judge Pat Tinley for signature. Once signed by you and Judge Tinley, please return one fully executed copy to me for our files. You may keep one fully executed contract for your records, and Judge Tinley may keep the other one. If you have questions about the content of the contract, please cont Mena Ramon at 512/463-1682. Thank you for your assistance. Sincerely, Marilyn Galloway Executive Legal Assistant Enclosures #31444 CONTRACT BETWEEN THE OFFICE OF COURT ADMINISTRATION AND KERR COUNTY PRESIDING JUDGES ASSISTANCE PROJECT STATE OF TEXAS OCA CONTRACT NO. 10-011 COUNTY OF TRAVIS CONTRACTING PARTIES This contract is entered into by and between the Office of Court Administration (OCA) and Kerr County (County), pursuant to the authority granted by Chapter 74.050, Texas Government Code. This contract is funded by state appropriations to OCA in its Strategy A.1.4., Assistance to Administrative Judicial Regions. (See OCA's 2010-2011 appropriation, S.B. 1, General Appropriations Act, 81 S` Regular Session, Article IV, Strategy A.1.4.) It is understood by all parties that payment obligations created by this contract are conditioned upon the availability of state or federal funds appropriated or allocated for the payment of such obligations. II. MONITORING OCA is responsible for monitoring the County's compliance with all terms and conditions of the contract. The County agrees to fully cooperate in the monitoring process. IIL . RECORDS The County shall retain all records related to this contract for at least three (3) years following the end of the state's fiscal year. Records are subject to inspection by any state agency authorized to inspect the same. N. STATEMENT OF SERVICES TO BE PERFORMED To promote the efficiency and effectiveness of the administrative functions performed for the Sixth Administrative Judicial Region, the County agrees to provide an employee for the Sixth Administrative Judicial Region. The State of Texas, through the Office of Court Administration, will provide certain funds for payment of salary expenses for an administrative assistant to the Presiding Judge of the Sixth Administrative Judicial Region. The administrative assistant will be an employee of Kerr County, with the same rights and benefits now enjoyed or hereafter granted to employees of Kerr County and the same responsibilities of said employees. The administrative assistant shall be chosen by, and serve at the will of, the Presiding Judge of the Sixth Administrative Judicial Region. The duties performed by an administrative assistant include assisting with the assignment and coordination of visiting judges' schedules, maintaining records for judicial assignments within the region, preparing claims for the judicial assignments within the region, preparing claims for the visiting judges, and such other duties as may be necessary for the efficient administration of justice in the administrative judicial region. V. CONTRACT AMOUNT; BASIS FOR CALCULATING REIMBURSABLE COSTS Payment for the above described services provided under this contract shall not exceed $40,186.00 and will be made as follows: OCA agrees to reimburse the County for the period September 1, 2009, through August 31, 2011, for the salary and related benefits of the administrative assistant for the Region, payable in twenty-four (24) monthly installments of $1,674.42. Monthly installments shall not exceed this amount regardless of the actual salary and benefits paid to the administrative assistant. Reimbursable costs include the salary payments to the designated administrative assistant to the Presiding Judge plus fringe benefits. Reimbursements will be contingent upon receipt of a signed statement from an authorized county official listing the salary and fringe benefits paid by the County for the administrative assistant to the Presiding Judge. VI. TERM OF CONTRACT The term of this contract shall commence on September 1, 2009, and shall end on August 31, 2011, unless extended or terminated as otherwise provided for in this contract. This contract may be extended or otherwise amended by written agreement of the parties. Either party may terminate this contract by providing written notice to the other party. In the event of termination, OCA shall reimburse the Region for services performed prior to the termination of the contract. If a successor Presiding Judge is appointed during the period of this contract who resides in a county other than Kerr County and offices of the Sixth Administrative Judicial Region are removed to a county other than Kerr County, then this contract shall expire upon the actual date of removal of the Sixth Administrative Judicial Region offices from Kerr County. All services billed hereunder must be rendered within the contract period. VII. DISPUTE RESOLUTION The County and OCA agree to use alternative dispute resolution to resolve any dispute arising under this contract. This contract is effective September 1, 2009. Carl Reynol dministrative Director Office of Court Administration P.O. Box 12066 Austin, Texas 78711-2066 512/463-1625 at Ti ounty Judge err County 700 Main St. Kerrville, Texas 78028 830-792-2211 The term and conditions of this contract have been reviewed and agreed to by: Stephen B. A ,Presiding Judge Sixth Administrative Judicial Region