KIDS ADVOCACY PLACE CONTRACT
STATE OF TEXAS
COUNTY OF KERB
WHEREAS, Ken County, Texas, hereinafter COUNTY, a political subdivision
of the State of Texas, has the authority and duty to conduct necessary investigations,
enforce the laws and under legislative mandate, through its county and district attorneys,
assist the victims of crime, and further, pursuant to §264.402, Texas Family Code, the
authority to establish children's advocacy centers, which centers shall provide certain
services to and support of the children of COUNTY who are victims of child abuse and
neglect, and,
WHEREAS, COUNTY, pursuant to §264.403, Texas Family Code, has the
authority to develop, maintain, and support, through the children's advocacy center, an
environment that emphasizes the best interests of abused and neglected children and that
provides investigatory and rehabilitative services, and further, to enter into contracts to
provide certain services to and support of the children of COUNTY who are the victims
of child abuse and neglect, and,
WHEREAS, the KIDS' ADVOCACY PLACE, hereinafter "DEPARTMENT," is
engaged in providing investigations of child abuse and assisting the child victims of
abuse and neglect and their families, and desires to enter into such a contract for the
provision of certain services to and support of the children of COUNTY who are victims
of child abuse and neglect,
IT IS THEREFORE AGREED THAT:
Payment by county. In consideration for the services described below to the
residents of COUNTY, DEPARTMENT shall be entitled to a sum not to exceed
$3,000.00 per annum. Such amount shall be disbursed by COUNTY to
DEPARTMENT on or after January 1, 2005, upon written request from
DEPARTMENT.
2. Insurance. DEPARTMENT 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 $ 1,000,000.00.
3. Services. DEPARTMENT shall provide services to the residents of COUNTY
as follows:
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a. To provide the children of COUNTY and surrounding counties with a
facility where children who are the victims of sexual and/or physical
abuse and their non-offending family members can go for evaluation,
intervention, evidence
b. To provide the agencies and professionals of COUNTY and
surrounding counties who work with abused children with a forum
where they can gather and work together in assisting victims and their
families.
c. To provide a resource center for training and education in the area of
child abuse and victimization.
d. To provide a warm, non-threatening environment in which. the victims
of child abuse and victimization and their families can work with law
enforcement or protection services in preparation for their court
appearances.
e. To provide a location where local and area law enforcement agencies
and those assisting them may obtain evidence to be used to investigate
and prosecute those accused of child abuse and neglect.
4. IRS classification. DEPARTMENT' S Internal Revenue Service, non-profit
classification is SO1(c)(3) and its IRS EIN is 74-288265.
S. Most recent financial and performance reports. DEPARTMENT shall submit to
COUNTY Auditor and COUNTY Judge each a copy of DEPARTMENT'S most
current independent financial audit or end-of--year financial report of all expenditures
and income for the period of DEPARTMENT'S fiscal year ending in calendar year
2004, within 30 days of the approval of this contract. DEPARTMENT shall provide
to COUNTY Auditor and COUNTY Judge each a performance review by which
DEPARTMENT gives details of services provided and clients served for the previous
COUNTY fiscal year ending on September 30, 2004, not later than 30 days after the
approval of this contract.
6. Prospective financial and performance reports. DEPARTMENT shall submit to
COUNTY Auditor and COUNTY Judge each a copy of DEPARTMENT's
independent financial audit or end-of--year fmancial report of all expenditures and
income for the period of DEPARTMENT'S fiscal year ending in calendar year 2005,
by the earlier of thirty (30) days following its receipt by DEPARTMENT or by
September 30, 2005. DEPARTMENT shall provide to COUNTY Auditor and
COUNTY Judge each a performance review by which DEPARTMENT gives details
of services provided and clients served for the DEPARTMENT'S fiscal year ending in
calendar year 2005, by September 30, 2005.
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7. Term. The Term of this agreement is one year beginning on October 1, 2004, and
ending on September 30, 2005, unless earlier terminated by either party on thirty (30)
days written notice.
Use of funds. No moneys paid to DEPARTMENT shall be expended for any
purpose other than for the provision of certain services to and support of the children
of COUNTY who are victims of child abuse and neglect; provided, however, that no
moneys may be expended for the provision of salaries to any person, with the
exception of the person who shall conduct all of the child interviews.
9. Books and Records. All books and records of DEPARTMENT 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
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 certain services to and support of
the children of COUNTY who are victims of child abuse and neglect in the area
covered by this agreement.
11. Effectiveness. This agreement is effective upon approval by Order of the Kerr
County Commissioners' Court.
12. Non-discrimination. DEPARTMENT agrees to operate under a policy of non-
discrimination with regard to the provision of said services. Such policy shall
prohibit discrimination on the basis race, sex, age, religion, color, handicap, disability,
national origin, language, political affiliation or belief or other non-merit factor. Any
act of discrimination shall constitute a material breach of this contract.
13. No sexual harassment. DEPARTMENT further agrees to adopt and maintain a
policy that prohibits sexual harassment. Any act of sexual hazassment constitutes a
material breach of this contract.
14. Ayplicable Laws. DEPARTMENT agrees to comply with any and all applicable
laws, local, state, and federal, regarding work hours, safety, wages, social security
benefits, 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
DEPARTMENT. Any act in violation of any of those laws or ordinances shall
constitute a material breach of this contract.
15. Default.
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(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, 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 parry 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.
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 DEPARTMENT 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 and shall be
enforceable in, and venue shall be in, Kerr County, Texas.
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 by law.
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20. Relationshiy. The parties hereby agree that this is a contract for the
administration 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
DEPARTMENT, and DEPARTMENT shall have no authority to bind COUNTY
to any contract, matter or obligation. No duties of COUNTY are delegated to
DEPARTMENT by this CONTRACT and any provision which is or may be held
to be such a delegation shall be of no force or effort.
21. Modification; Termination. This Contract may be amended, modified,
terminated or released only by written instrument executed by COUNTY and
DEPARTMENT, except as herein otherwise provided.
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.
KERB COUNTY KIDS' ADVOCACY PLACE
.-
By: , B~
NLEY President of the Boar
Kerr County Judge T~~2.~5 f~-- ~~~`~` ""~
Date: I ~ ~ -' ~~ 5~ Date:
COUNTY:
KIDS' ADVOCACY PLACE:
Kerr County Judge President of the Board
700 Main Street Kids' Advocacy Place
Kerrville, Texas 78028 P.O. Box 1722
Kerrville, Texas 78029-1722
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CLERK'S CERTIFICATION
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above
agreement was accepted d agreed to by the Commissioners' Court of Kerr County,
Texas on `"~'~-~.~t - 1 \L,` x ~" 9 ~ Z , 2004, in
Order No. s~=~~; ~~ i t recorded and filed in fee
p , ~ the Minutes of the Commissioners' Court of Kerr
County, Texas.
~~ "' f
NNETT PIEPER
County Clerk
Ken County, Texas
Date: ~l - ~ `~' `~
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