ORDER NO. 31892 CONTRACT WITH HILL COUNTRY DISPUTE RESOLUTION CENTER (HCDRC) Came to be heard this the 8th day of November, 2010, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4 -0 -0 to: Approve renewing Contract, and funding of same, with Hill Country Dispute Resolution Center ( HCDRC) to provide mediation services in Kerr County, and authorize County Judge to sign same. 1 • ' 31 gl COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND DOCIJMENTS TO BE REVIEWED BY THE COURT MADE BY: 0 Arc f 1 J- Office: N/e e Cacin, 27 O s tic rre.:77 A's so: r/o MEETING DATE: /Ve✓ ' ac /G TIME PREFERRED: d'9fl t y /iv fi ei/a' SUBJECT: (Please Be Specific) (N3 49t"T ,9 -r,c. L' , 3max, ;fir;; 4Po°„zcA;> r ne c ry e- Atc: 4.a C to /ice r 4L, i H 1 X22 re 4, ry re / .UJ 1 "J') /,t v SC /2vr JA lfc /2 CGa. t,•� `� An�a7 r Vi EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): VO v NAME OF PERSON ADDRESSING COURT: ,C o F; - s ESTIMATED LENGTH OF PRESENTATION: 5 m' /v ✓ r6 S IF PERSONNEL MATTER - NAME OF EMPLOYEE /U //I 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 schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: (4 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, Court Order No. 25722. Make sure any and all back up material is attached to this form. #31892 " HCDRC" CONTRACT STATE OF TEXAS § COUNTY OF KERR § 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 Country Dispute Resolution Center, hereinafter "HCDRC," a Texas non - profit corporation, has been formed for the purpose of and is engaged in providing alternative dispute resolution services; WHEREAS, HCDRC has contracted with COUNTY to provide these services in said COUNTY and has been doing so since October, 2002, and HCDRC 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, HCDRC 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 $14,000.00 from the COUNTY for its fiscal year October 1, 2010 — September 30, 2011. 2. Services. HCDRC will provide services to citizens through the Kerr County Justice of the Peace courts, the Kerr County Court, the Kerr County Court at Law, and the 198 and 216 Judicial District Courts, and other Kerr 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. HCDRC is a tax- exempt non -profit 501(c)(3) corporation. Its IRS EIN is 36- 4506319. 4. Financial and Performance reports. A copy of HCDRC's independent end -of -year financial report of all expenditures and income for the calendar year 2009 is attached. Also attached is a copy of HCDRC's performance review for calendar year 2009. 5. Term. The Term of this agreement is one year beginning on October 1, 2010, and ending on September 30, 2011, 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 HCDRC shall be expended solely for the provision of salaries to employees of HCDRC and operational expenses of HCDRC in COUNTY. 7. Books and records. All books and records of HCDRC 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. HCDRC agrees to operate under a policy of non- discrimination with regard to the provision of said services. Such policy shall prohibit discrimination by HCDRC'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. HCDRC further agrees to adopt and maintain a policy that prohibits sexual harassment. Any act of sexual harassment by HCDRC'S employees or principals constitutes a material breach of this contract. 12. Applicable laws. HCDRC 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 HCDRC. 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 HCDRC 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 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 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 HCDRC, and HCDRC shall have no authority to bind COUNTY to any contract, matter or obligation. No duties of COUNTY are delegated to HCDRC 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 HCDRC, 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 • 1 COUNTY HCDRC By: / .�__�e _ inley Craig J s ie Kerr County Judge Presi u • nt of the HCDRC Bo. d of Directors Date: //— U -2-cry Date: /1 /P 7/1.) NOTICES COUNTY: HCDRC: Kerr County Commissioners Court Ed Reaves c/o Kerr County Judge Executive Director, HCDRC 700 Main Street 327 Earl Garrett, Suite 108 Kerrville, Texas 78028 Kerrville, Texas 78028 Page5of 5 EXHIBIT B TO HCDRC CONTRACT Hill Country Dispute Resolution Center, Inc. 327 Earl Garrett, Suite 108, Kerrville, TX 78028 830 - 792 -5000 Toll Free 888 - 292 -1502 PERFORMANCE REPORT CALENDAR YEAR 2009 During the 2009 calendar year, the Hill Country Dispute Resolution Center (HCDRC) held a total of 153 mediations, which equaled the total cases in 2008. However, so far during 2010 we have already conducted 145 mediations, with a projected total for 2010 of over 170 cases. In 2009, there were 79 Kerr County mediations, which was up from 78 in 2008. Four of every five cases mediated in 2009 resulted in settlements. To date in 2010 we have mediated 64 Kerr county cases. Fifty -three of those mediations resulted in a settlement, for a settlement rate of 83% so far this year. During 2009 we had more Kerr County family law cases (50) than any other kind, which is a category that includes divorce, paternity, child support and modification actions. The other kinds of mediations which we had involving Kerr County residents during 2009 included Child Protective Services (15 cases), Business cases (11), and Probate cases (3). So far in 2010 our Kerr County mediations include 37 Family Law cases, 18 CPS cases, 8 Business cases, and one Probate case. The HCDRC mediates cases from the 198 and 216 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. The HCDRC uses only trained mediators. Our mediators consist of attorneys, retired judges, and highly qualified individuals from a variety of other professions. 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, 9 4 4- J. Edward Reaves, Jr. Executive Director October 25, 2010 Hill Country Dispute Resolution Center, Inc Profit & Loss Prev Year Comparison January through December 2009 Jan - Dec 09 Jan - Dec OS $ Change % Change Ordinary Income /Expense Income Contributions Income Building Fund 0.00 200.00 - 200.00 - 100.0% County Funding 30,830.95 42,040.54 - 11,209.59 - 26.66% In -Kind 900.00 3,000.00 - 2,100.00 -70.0% Restricted Refund Peer Med Grant 0.00 - 1,046.35 1,046.35 100.0% Total Restricted 0.00 - 1,046.35 1,046.35 100.0% Unrestricted 0.00 3,100.00 - 3,100.00 - 100.0% Total Contributions Income 31,730.95 47,294.19 - 15,563.24 - 32.91% Interest Income Building Fund 0.24 0.63 - 0.39 - 61.91% Foundation 146.80 259.11 - 112.31 - 43.35% Grant Savings 0.00 6.43 -6.43 - 100.0% Savings 0.00 42.08 -42.08 - 100.0% Interest Income - Other 11.95 0.00 11.95 100.0% Total Interest Income 158.99 308.25 - 149.26 -48.42% Miscellaneous income Rent Conference Room 200.00 0.00 200.00 100.0% Miscellaneous Income - Other 0.00 0.00 0.00 0.0% Total Miscellaneous Income 200.00 0.00 200.00 100.0% Program Fees Mediation 54,602.00 38,740.00 15,862.00 40.95% Total Program Fees 54,602.00 38,740.00 15,862.00 40.95% Services Training Mediator 2,075.00 9,365.00 - 7,290.00 - 77.84% Total Services 2,075.00 9,365.00 - 7,290.00 - 77.84% Total income 88,766.94 95,707.44 - 6,940.50 - 7.25% Expense Advertising Website Upkeep 393.75 348.75 45.00 12.9% Advertising - Other 400.00 0.00 400.00 100.0% Total Advertising 793.75 348.75 445.00 127.6% Bank Service Charges 125.50 284.50 - 159.00 - 55.89% Contributions 0.00 210,00 - 210.00 - 100.0% Depreciation Expense 0.00 2,006.00 - 2,006.00 - 100.0% Dues and Subscriptions 735.00 840.00 - 105.00 -12.5% Education & Training 95.00 0.00 95.00 100.0% Employee Recognition 69.98 0.00 69.98 100.0% Gain (Loss) on Investments 308.16 44.71 263.45 589.24% Page 1 of 2 Hill Country Dispute Resolution Center, Inc Profit & Loss Prev Year Comparison January through December 2009 Jan - Dec 09 Jan - Dec 08 3 Change % Change Insurance Liability Insurance 1,522.68 1,614.84 -92.16 -5.71% Workmen's Compensation 905.06 587.16 317.90 54.14% Total Insurance 2,427.74 2,202.00 225/4 10.25% Miscellaneous 0.00 192.50 - 192.50 - 100.0% Office Supplies 3,297.77 4,519.68 - 1,221.91 - 27.04% Payroll Expenses Salary 61,791.60 58,658.91 3,132.69 5.34% Payroll Expenses - Other -0.01 - 1,915.80 1,915.79 - 100.0% Total Payroll Expenses 61,791.59 56,743.11 5,048.48 8.9% Postage and Delivery 124.42 105.88 18.54 17.51% Professional Fees Accounting 900.00 3,000.00 - 2,100.00 - 70.0% Professional Fees - Other 1,145.39 133.32 1,012.07 759.13% Total Professional Fees 2,045.39 3,133.32 - 1,087.93 - 34.72% Program Expense Peer Meditation 0.00 479.75 - 479.75 - 100.0% Training Conference 804.40 1,159.00 - 354.60 -30.6% Training Supplies 717.84 2,494.90 1,777.06 - 71.23% Total Program Expense 1,522.24 4,133.65 - 2,611.41 - 63.17% Rent 9,108.00 9,038.25 69.75 0.77% Repairs Computer Repairs 0.00 89.94 -89.94 - 100.0% Equipment Repairs 280.00 80.00 200.00 250.0% Total Repairs 280.00 169.94 110.06 64.76% Service /Finance Charges 399.33 349.86 49.47 14.14% Taxes Payroll FICA 3,831.08 3,636.85 194.23 5.34% Medicare 895.98 850.55 45.43 5.34% Taxes Payroll - Other 0.00 1,475.14 - 1,475.14 - 100.0% Total Taxes Payroll 4,727.06 5,962.54 - 1,235.48 - 20.72% Telephone 2,240.13 2,222.56 17.57 0.79% Travel & Mediation Meals Meals 3,140.57 2,662.00 478.57 17.98% Travel 1,627.20 2,663.08 - 1,035.88 - 38.9% Total Travel & Mediation Meals 4,767.77 5,325.08 - 557.31 A0.47% Total Expense 94,858.83 97,832.33 - 2,973.50 - 3.04% Net Ordinary Income - 6,091.89 - 2,124.89 - 3,967.00 186.69% Net Income - 6,091.89 - 2,124.89 - 3,967.00 186.69% Page 2 of 2