ORDER N0. 20819
APPROVAL AND AUTHORIZATION FOR THE COUNTY
JUDGE TO SIGN K-STAR EMERGENCY SHELTER
CONTRACT
On this the 9th day of March 1992, upon motion made by Commissioner
S4organ, seconded by Commissioner Lackey, the Court UNANIMOUSLY
APPROVED BY A VOTE OF 4-0-0, to approve the submitted t:-Star Contract
for residential services not covered in K~Star Contract dated 1-13-1992
and authorization for the County Judge's signature.
COMMISSIONERS' COURT AGENDA REQUEST'
*PLEASE FURNISH	ONE ORI	GINAL	AND FIV COPIE OF THIS REOU ST AND
DOCUM	ENTS TO	B RE	VIEW BY THE COURT
MADE BY: county Judge
~~
MEETING DATE: February ye', 1992
OFFICE:
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Approval and authorization to sign Contract
for Residential Services with K-Star Emergency Shelter.
EXECUTIVE SESSION REQUESTED: YES NO =_
~-. PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: ~~.~~~~, i..ae~
Time for submitting this request for Court to assure that the matter Is posted 1~ accordance
with Artlcie 6252-17 is as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY: is
THIS REQUEST RECEIVED ON : 2/`'/92 ,@
All Agenda Requests will be screened by the County Judge's Office to determine If
adequate InformatioA 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
Guidelines.
STATE OF TEXAS
CDUNTY OF KERR
CONTRACT FOR RESIDENTIAL SERVICES
In accordance rith provisions of the Governor's Office, Criminal Justice
Division, Grant No. JA-C03-4326, County of Kerr, and K-STAR Emercency Shelter .
hereinafter called Service Agency, by this Agreement, and in consideration of the
mutual promises set forth belor, agree that:
I. PROVISIONS OF SERVICES
The Service Agency agrees to provide the folloring services, which
shall be limited to alleged or adjudicated fuvenile offenders in
licensed child care facilities:
NOTE: Specify here the level of care to be provided (circle one per
Contract):
Primary, specialized,
therapeutic, intensive, or
of care and services to be
defined in the CJD
Services. and by the
Coordinating Council.
Intermediate, EMERGENCY SHELTER,
-in patient pyschiatric. Levels
provided at each level are those
Maximum Rate Schedule for Purchase of
Texas Health end Human Services
A. For and in consideration of the above-mentioned services, Kerr
County agrees to pay the Service Agency an amount not to exceed
,._, S 50.00 per client per day. This fee does not exceed the actual
cost of care in the Service Agency, rhich is S 71.24 per day, and
does not exceed the amount alloyed in the current CJD Maximum Rate
Schedule. Total reimbursement under this Contract shall not
exceed S 87.00.
B. Recognizing that a part of a client's rehabilitation program may
include time stay from the residential setting of the Service
Agency, such as reekende, holidays, etc., and that the Service
Agency must retain space for this client until his return,
KERB County rill pay this Service Agency the above agreed
upon amount for such regularly scheduled days stay from the
Service Agency or its program providing they do not exceed ten
(10) days at any one time.
C. If a client makes an unauthorized departure from the Service
Agency, KERR County shall be notified immediately. If the
client returns to the Service Agency rithin ten days or prior to
the last billing day of the month, rhich ever shall occur first,
the Service Agency shall receive payment for those days the client
ras absent from the Service Agency, but not to exceed ten days'
payment.
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D. The Service Agency is under no obligation to retain apace for the
client in authorized departure situation
E. Payment is to be made monthly. Claim for payment rill be
submitted no later than ten days from the last day of the month
.~ for rhich payment is being requested.
F. Each billing should contain the name of the client or clients for
rhom payment is being requested along rith the number of days
(stated consecutively) for rhich payment ie being requested.
G. The Service Agency is under no obligation to accept a client rho
is deemed inappropriate for placement in the program by the
Service Agency.
II. INDIVIDUAL PROGRAM PLAN AND FAMILY INVOLVEMENT
A. Each client placed with the Service Agency shall have a rritten
Individualized Program Plan (IPP) developed 1n concert rith the
client and mutually agreed upon by the appropriate Service Agency
staff and appropriate county personnel prior to placement.
B. The IPP shall be reviered jointly by the appropriate Service
Agency staff, the child, and the appropriate county personnel at
reasonable intervals, not to exceed ninety (90) days, to assess
the client's progrss rith modification of the IPP being made vhen
indicated.
C. The IPP shall contain the reasons rhy the placement rill benefit
the client; shall specify state how the goals and objectives are
to be achieved in the Service Agency placement; and shall state
hor the parent(s), guardian(s), and rhere possible, grandparents
or other extended family members rill be involved in the
Individual Program Plan to assist in preventing or controlling the
client's alleged delinquent behavior or alleged conduct indicating
a need for supervision as defined in the Texas Family Code.
D. Copies of the original IPP and the periodic reviere are to be
maintained by the Service Agency and the County Placement Officer.
E. The Service Agency shall provide each child's Probation Officer
rith a rritten report of the child's progress on a monthly basis.
F. If a child in placement at the Service Agency makes an
unauthorized departure, becomes seriously ill, ar is involved in
an incident of a serious nature, the Service Agency shell notify
the child's Probation Officer and the County Placement Officer
immediately and ensure that Parents and proper authorities,
including the Texas Department of Human Services, are notified.
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G. The Count- reserves the right to terming'" the child's placement
at the Ser. ae Agency at its discretion. ..~e Service Ageney moat
not release a child to any person or agency other than the County
githout the express consent of the County.
III
IV.
H. The County must approve the child's participation in any
furloughs, home visits, or extended agency tripe.
I. Unless otherrise stipulated by the County, the child may visit
freely rith parents and relatives at the home in accordance rith
established Service Agency policies.
J. Suspected or alleged cases of child abuse must be immediately
reported to the County Placement Officer and the Department of
Human Services.
E%AIIIRATIOM OF PROGRAM AMD RECORDS
A. The Service Agency agrees that it rill permit the County to
examine and evaluate its program of services provided under the
terms of this Contract and to revier County client records. This
examination and evaluation of the program rill include unscheduled
site visitations, observation of programs in operation,
interviers, and the administration of questionnaries to the staff
of the Service Agency and the client.
B. The Service Ageney shall provide to the County such descriptive
information on contracted clients as requested on forms provided
by the County.
C. The Service Agency agrees to maintain and make available for
inspection, audit, or reproduction by an authorized representative
of Kerr County and the State of Texas books, documents
and other evidence pertaining to the cost and expenses of this
Contract, hereinafter called the Records.
D. The Service Agency agrees to maintain these Records for three (31
years after final payment or until the State approved audit has
been made and all questions thereform are resolved.
FEE ASSESSMENT
A. Clients or their families shall not be assessed fees far services
by the Service Agency unless arrangements are specified by the
Court. This does not preclude reasonable attempts to see
voluntary contribution from families of County clients for
donations of clothing, personal articles, and funds to assist in
supporting a youth's rehabilitation.
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B. If a cliJ-., is eligible for fiscal sup} _'t from another state
agency or organization, the Service Agency shall ensure that
Xerr County is not charged for such fiscal support for
rhich the client is otherrise eligible.
Y. EoUAL OPPORTUNITY
Service shall be provided by the Service Agency in compliance rlth the
Civil Rights Act of 1964. The Service Agency rill not discriminate
against any employee, applicant for employment, or client because of
race, religion, color, sex, national origin, age, or handicapped
condition.
The Service Agency rill take affirmative action to ensure that
applicants are employed, and that the employees are treated during
employment without regard to their race, religion, color, sex, national
origin, age, or handicapped condition.
VI. OFFICIALS NOT TO BENEFIT
No officer, member or employee of Kerr County, and no member of
its governing body, and no other public official of the governing body
of the locality of localities in rhich the project is situated or being
carried out rho exercised any functions or responsibilities in the
revier or approval of the undertaking or carrying out of this project
shall participate in any decision relating to this Contract rhich
affects his project shall participate in any decision relating to this
p Contract rhich affects his personal interest or have any personal or
pecuniary interest, direct or indirect, in this Contract or the
proceeds thereof.
YII. DEFAULT
Kerr County may, by written notice of default to the Service
Agency, terminate the rhole or any part of this contract in any one of
the folloxing circumstances:
(1) if the Service Agency failes to perform the work called by this
Contract, or so fails to prosecute the work as to endanger
performances of this Contract in accordance with its terms, and in
either of these tro circumstances does nat cure such failure
rithin a period of ten (10) days (or such extension ae authorized
by Kerr County in writing) after receiving notice of default.
VIII. TERNINATION
A. This Contract may be terminated by either party by giving ten (10)
days rritten notice to the other party hereto of the intention to
terminate.
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B. Terminatio of the Client's residence tit. r receipt of services
from the Service Agency shall occur only after notifying the
County Placement Officer of the causes and rith sufficient lead
time of at least ten f10) days to allot alternate placement or
referral for service.
C. The decision of the terminating party shall be final and
conclusive unless rithin thirty (30) days from the date of receipt
and of a rritten copy of the decision, the nonterminating party
mailer or otherwise furnishes to the terminating party a rritten
appeal addressed to the Criminal Justice Division. The decision
of the Criminal Justice Division or its authorized representative
shall be final and conclusive absent a shoring of fraud, caprice,
arbitrariness, or gross error implying bad faith, in some court
of competent ~uridiction.
IX. LAM AND VENUE
In the legal action arising under this contract, the lava of Texas
shall apply and venue shall be in Kerr County.
X. CONTRACT PERIOD
The Contract period rill begin on the date of excution of this
instrument and rill terminate on the 31st day of Aucust. 1992.
Kerr County K-STAR Emercencv Shelter
.., ~~ C
Administrator/ rector
(RUST BE AUTHORIZED TO SIGN FOR COUNTY)
TITLE: Kerr County Judge
ADDRESS: ADDRESS: P. O. Box 962
Kerrville, Texas 78028
DATE: 3 / 9 /1992 DATE: O1 / 24 /92
SID FOR RESIDENTIAL CAI
for
.... Kerr County ,juvenile Probation Department
NAME OF AGENCY K-STAR l~rcrency Shelter
LEVEL OF RESIDENTIAL CARE PROVIDED Level III
PER DIEM COST OF SERVICE S 50.00
I certify that the above named agency is appropriately licensed by the
Texas Department of Human Services and complies fully with all the
provisions of that license.
~~.~v~~~~ , h1C~.rv-~~1.
Agency Director