ORDER N0.28487
APPROVE CONTRACT BETWEEN
KERR COUNTY AND ALAMO REGIONAL TRANSIT
On this the 12`h day of January 2004, upon motion made by Commissioner
Williams, seconded by Commissioner Baldwin, the Court unanimously
approved by a vote of 4-0-0, the contract between Kerr County and Alamo
Regional Transit to provide transportation services to the citizens of Kerr County,
including the indigent and the elderly.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2
MEETING DATE: January 12, 2004 TIME PREFERRED:
SUBJECT: (Please be specific). Consider, discuss and take appropriate action to approve
contract between Kerr County and Alamo Regional Transit to provide transportation
services to the citizens of Kerr County, including the indigent and the elderly. Contract
prepared by County Attorney's oi~ce. Funding available as budgeted for 2003-04.
EXECUTIVE SESSION REQUESTED
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams, David Motley,
County Attorney.
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 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

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 is appreciated and contributes toward your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
ALAMO REGIONAL TRANSIT CONTRACT
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, Kerr County, Texas, (hereinafter referred to as "County"), a
political subdivision of the State of Texas, has determined that the expenditures of
County funds proposed herein serve public purposes and has further determined that the
State of Texas, by its Constitution or by its state statutes, either explicitly or implicitly,
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 Alamo Regional Transit, a
regional transportation authority, established under Texas law by the Alamo Area
Council of Governments, a regional planning commission and a political subdivision of
the State of Texas, established pursuant to Chapter 391, Texas Local Government Code,
hereinafter referred to as "ART," so that ART may use said county 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 purposes 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 §332.002, Texas Local Government
Code, to establish, provide, acquire, maintain, construct, equip, operate, and supervise
recreational facilities and programs; and further, that County has determined such
activities serve valuable public purposes and constitute county business; and,
WHEREAS, County has the authority under §81.027, Texas Local Government
Code, to provide for the support of indigent residents, paupers, or those County residents
who are unable to support themselves, including the elderly and further, that County has
determined such activities serve valuable public purposes and constitute county business;
and,
WHEREAS, County has the authority to enter into contracts with other State
political subdivisions to provide such recreational facility and program services to its
citizens, including the indigent and the elderly; and,
WHEREAS, County has determined that a program to provide general
transportation services to County residents for purposes including recreational purposes
by subsidizing a transportation program administered by ART, with the cooperation of
the Alamo Area Council of Governments to promote local economic development and to
stimulate, encourage, and develop business location and commercial activity within
County, to enhance local transportation service; and,
WHEREAS, County has the authority, under §381.004, Texas Local Government
Code, to stimulate business and commercial activity in County by developing and
administering a program to promote local economic development and to stimulate,
encourage, and develop business location and commercial activity within County; and,
WHEREAS, County has the authority, under §381.004, Texas Local Government
Code, to contract with another organization for the administration of the program as
outlined herein; and,
WHEREAS, ART, as an agency of state government has agreed to administer the
hereinafter-described program upon and subject to the terms, provisions, conditions and
limitations herein set forth and further, ART desires to enter into a contract to provide
services to County;
IT IS THEREFORE AGREED THAT:
1. Consideration. In consideration for the services described below to County and to
the residents of County, County shall pay ART $7,883.00 for administration of the
program during County's 2003-2004 fiscal year, subject to the availability and
appropriation by the County of revenues for economic development. Such amount shall
be disbursed by County to ART on or after January 1, 2004, upon written request from
ART.
2. Services. ART shall provide services to County and to residents of County,
hereinafter referred to as the "program," as follows:
a. general transportation services to those in need of same.
3. IRS classification. ART's Internal Revenue Service EIN is 74-1557491.
4. Insurance. ART shall at all times maintain policies of liability insurance for its
vehicles, for premises liability, and for personal injury in amounts as required by state
law
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5. Reports. ART shall provide regular reports of services rendered to County
residents to the liaison appointed to the Alamo Area Council of Governments by the Kerr
County Commissioners' Court.
6. Term. The term of this contract is one year beginning on October 1, 2003, and
ending on September 30, 2004, unless earlier terminated by either party on thirty (30)
days written notice. This contract is effective upon approval by Order of the Kerr County
Commissioners' Court.
7. Use of funds. No moneys paid to ART shall be expended for any purpose other
than for providing the aforementioned services to County and citizens of County;
specifically, no such moneys may be expended by ART for the provision of salaries to
any person.
8. Books and records. ART shall maintain books and records reflecting all receipts,
costs, charges, and expenses. All books and records of ART 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.
9. 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.
10. Non-discrimination. ART agrees to operate under a policy of non-discrimination
with regard to the provision of said services. Such policy shall prohibit discrimination by
ART'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.
11. Sexual harassment Qrohibited. ART agrees to adopt and maintain a policy that
prohibits sexual harassment. Any act of sexual harassment by ART's employees or
principals constitutes a material breach of this contract.
12. Ayplicable laws. ART 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 ART. Any act in
violation of any of those laws or ordinances shall constitute a material breach of this
contract.
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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 often
(10) days after notice thereof by the non-defaulting party to the other, 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 ART 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 and shall be enforceable in, and venue
shall be in, Kerr County, Texas.
16. Notices. Any notice or communication hereunder must be in writing, and maybe
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.
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
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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 is a contract for the
administration of the program 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 ART and ART shall have no
authority to bind County to any contract, matter, or obligation. No duties of County are
delegated to ART by this contract and any provision which is or may be held to be such a
delegation shall be of no force or effect.
19. Modification and termination. This contract may be amended, modified,
terminated, or released only by written instrument executed by County and ART, 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
pazagraphs 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.
KERB COUNTY ART
ay:
PAT TINLEY
Kerr County Judge
Date: ~'~ Z ` Z.~sc~ yG
COUNTY:
Pat Tinley
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Al J. Notzon, III
Executive Director, ART
Date:
NOTICES
ART:
Al J. Notzon, III
Executive Director
Alamo Regional Transit
8700 Tesoro, Suite 700
San Antonio, Texas 78217
CLERK'S CERTIFICATION
I, Jannett Pieper, County Clerk of Kerr County, Texas, certify that the above
contract was accepted, approved and agreed to by the Commissioners' Court of Kerr
County, Texas on January 12 , , 2004, in Order No.2 8 4 8 7 , recor~ded~nd
filetfii~oinme----- ;~'ag~---- , of the Minutes of the Commissioners' Court of
Ken County, Texas.
\~~~Qe1ERS C~GA. Janne ieper
~~ '~ ~. County Clerk
o ,,,,,~.1 ~~`%~' ', ' x:~ Kerr County, Texas
~~ :~~~~`` ` ~ Date: 1/12/2004
'~ co~N~
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