ORDER NO. 21x872 APPROVAL FOR RESIDEPdTIAL CONTRACTS Wi'IH FATHER FLANAGAN'S BOYS TOWN OF SAN AN'CONIO, TEHAS On this the 13th day o2 April 1992, upon motion made by Commissioner Morgan, seconded by Commissioner Lackey, the Court unanimously approved by a vot• of 4-0-0, to approve the five Residential Contracts listed with Father Flanagan's Boys Town in San Antonio, Texas for the juvenile Services and io authorize the County Judge's Signature on said Contracts. 1. Father Flanagan's Boys Town - Specialized Care 2. Father Flanagan's Boys Town - Intermediate Care 3. Father Flanagan's Buys Town - Therapeutic Care 4. Father Flanagar,'s Boys Town - Emergency Shelter (Shannon Washburn Only) 5. Father Flanagan's Boys Town - Emergency Shelter COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: w.c. stacy OFFICE: County Judge MEETING DATE: April 13, 1992 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) consideration of annroval fo "R cid n ial Contracts" with Father Flanaean's Bovs' Town, San Antonio. Texas for Juvenile services and authorization for the Judge to Bien said contracts. EXECUTIVE SESSION REQUESTED: YES PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: NO X PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Co. Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Articie 6252-17 1s as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday 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 will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. NAME OF AGENCY BID FOR RESIDENTIAL CARn for Kerr County Juvenile Probation Department T.ux a~ LEVEL OF RESIDENTIAL CARE PROVIDED -Zt ~~ PER DIEM COST OF SERVICE ~.~~ ~ y9 ~7/ 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. ,~~~~--- A~cy Director MEMORANDUM TO: Commissioner's Court Coordinator FROM: Simon J. Harris, Chief~j Kerr County Juvenile Pro a!!tion Department SUBJECT: Approval of Attached Contracts for Juvenile Services DATE: March 30, 1992 The following Contracts are requested placed on the Agenda for Approval at the next regular Commissioner's Court Meeting. Residential Contracts Father Flanagan's Boys' Town - Specialized Care San Antonio, Tx Father Flanagan's Boys' Town - Intermediate Care San Antonio, Tx Father Flanagan's Boys' Town - Therapeutic Care San Antonio, Tx Father Flanagan's Boys' Town San Antonio, Tx - Emergency Shelter (Shannon Washburn Only) Father Flanagan's Boys' Town San Antonio, Tx Hand Delivered - Emergency Shelter ~~ 3(3c I a z CK-09 S?'ATE OF TEXAS COUNTY OF KERR CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Governor's Office, Criminal Justice Division, Grpnt No. JA-C03-4326, County of K~ and Father Flanagan's Boys' Town of San Antonio hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth below, agree that: I. PROYISIONS OF SERVICES The Service Agency agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: ROTE: Specify here the level of care to be provided (circle one per Contract): Primary, S ecialized 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 and 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 536.00 per client per day. This fee does not exceed the actual cost of care in the Service Agency, which is 585.00 per day, and does not exceed the amount allowed in the current CJD Maximum Rate Schedule. Total reimbursement under this Contract shall not exceed S B. Recognizing that a part of a client's rehabilitation program may include time avay from the residential setting of the Service Agency, such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, KERR County will pay this Service Agency the above agreed upon amount for such regularly scheduled days away 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 within ten days or prior to the last billing day of the month, which ever shall occur first, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten days' payment. - 1 - D. The Service ~ency is under no obligation t stain apace for the client in unauthorized departure situations. E. Payment is to be made monthly. Claim for payment will be submitted no later than ten days from the last day of the m onth for which payment is being requested. F. Each billing should contain the name of the client or clients for whom payment is being requested along wit h the number of days (stated consecutively) for which payment is being requested. G. The Service Agency ie under no obligation to accept a client who 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 written Individualized Program Plan (IPP) developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate county personnel prior to placement. B. The IPP shall be reviewed 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 with modification of the IPP being made when indicated. C. The IPP shall contain the reasons why the placement will benefit the client; shall specify state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and vhere possible, grandparents or other extended family members will 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 reviexa are to be maintained by the Service Agency and the County Placement Officer. E. The Service Agency shall provide each child's Probation Officer with a written 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, or is involved in an incident of a serious nature, the Service Agency shall notify the child's Probation Officer and the County Placement Officer immediately and ensure that Parente and proper authorities, including the Texas Department of Human Services, are notified. - 2 - G. The County eaervea the right to terminate ie child's placement at the Service Agency at its discretion. The Service Agency must not release a child Lo a„y persor, or agency other than the County without 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 trips. I. Unless otherwise stipulated by the County, the child may visit freely with parents and relatives at the home in accordance with 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. EXAMINATION OF PR06RA11 AHD RECORDS A. The Service Agency agrees that it will permit the County to examine and evaluate its program of services provided under the terms of this Contract and to review County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, 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 cast and expenses of this Contract, hereinafter called the Records. D. The Service Agency agrees to maintain these Records for three (3) 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 for 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. - 3 - B. If a clie~ is eligible for fiscal agency or organization, the Service KERR County is not charged which the client is otherwise eligible. Y. EDUAL OPPORTUNITY suppc from another state Agency shall ensure that for such fiscal support for Service shall be provided by the Service Agency in compliance with the Givil Rights Act of 1964. The Service Agency will 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 will 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 HOT 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 which the project is situated or being carried out who exercised any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this Contract which affects his project shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. VII. DEFAULT KERR County may, by written notice of default to the Service Agency, terminate the whale or any part of this contract in any one of the following 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 two circumstances does not cure such failure within a period of ten (10> days (or such extension as authorized by Kerr County in writing) after receiving notice of default. VIII. TERKIRATIOR A. This Contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. - 4 - B. Termination f the Client's residence with receipt of services from the Service Agency shall occur only after notifying the County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. C. The decision of the terminating party shall be final and conclusive unless within thirty (30) days from the date of receipt and of a written copy of the decision, the nonterminating party mailes or otherwise furnishes to the terminating party a written 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 showing of fraud, caprice, arbitrariness, or gross error implying had faith, in some court of competent juridiction. IX. LAM AND VENUE In the legal action arising under this contract, the laws of Texas shall apply and venue shall be in KERR County. X. CONTRACT PERIOD The Contract period will begin on the date of excution of this instrument and will terminate on the 31st day of August, 1992. / KERR County ~a/XPi. ~ `~OU~"~- W. G. Stacy, County Judge Administrato /Director (MUST BE AUTHORIZED TO SIGN FOR COUNTY) TITLE: COUNPy ~D~ ADDRESS: 700 Main St. ADDRESS: Kerrville, Tx 78028 DATE: _~/~_/g2_ DATE: _/_/ STP.TE OF TEXAS COUNTY OF KERR CONTRACT FOR RESIDENTIAL SERYICES In accordance with provisions of the Governor's Office, Criminal Justice Division, Grant No. JA-C03-4326, County of Kerr, and Father Flanagan's Boys' Town of San Antonio hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth below, agree that: I. PROVISIONS OF SERVICES The Service Agency agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: NOTE: Specify here the level of care to be provided (circle one per Contract): Primary, Specialized, intermediate, emer gency shelter therapeutic, intensive, or -in patient pyechiatri c. Levels of care and services to be provided at each level are those defined in the CJD Maximum Rate Schedule for Purchase of Services, and by the Texas Health and Human Services Coordinating Council. A. For and in consideration of the above-mentioned services, KERR County agrees to pay the Service Agency an amount not to exceed S60.00 per client per day. This fee does not exceed the actual cost of care in the Service Agency, which is S 110.00 per day, and does not exceed the amount allowed in the current CJD Maximum Rate Schedule. Total reimbursement under this Contract shall not exceed S B. Recognizing that a part of a client's rehabilitation program may include time avay from the residential setting of the Service Agency, such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, KERR County will pay this Service Agency the above agreed upon amount for such regularly scheduled days away 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 vithin ten days or prior to the last billing day of the month, which ever shall occur first, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten days' payment. - 1 - D. The Service ~ency is under no obligation t~ etain apace for the client in unauthorized departure situations. E. Payment ie to be made monthly. Claim for payment will be submitted no later than ten days from the last day of the m onth for which payment is being requested. F. Each billing should contain the name of the client or clients for whom payment is being requested along wit h the number of days (stated consecutively) for which payment is being requested. G. The Service Agency is under no obligation to accept a client who 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 written Individualized Program Plan (IPP) developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate county personnel prior to placement. B. The IPP shall be reviewed 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 with modification of the IPP being made when indicated. C. The IPP shall contain the reasons why the placement will benefit the client; shall specify state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will 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 reviews are to be maintained by the Service Agency and the County Placement Officer. E. The Service Agency shall provide each child's Probation Officer with a written 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, or is involved in an incident of a serious nature, the Service Agency shall 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. - 2 - G. The County eserves the right to terminate ie child's placement ,at the Service Agency at its discretion. The Service Agency must not release a child to any person or agency other than the County without the express consent of the County. H. The County must approve the child's participation in any furloughs, home visits, or extended agency trips. I. Unless otherwise stipulated by the County, the child may visit freely with parents and relatives at the home in accordance vith 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. III. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit the County to examine and evaluate its program of services provided under the terms of this Contract and to review County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, 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 (3) years after final payment or until the State-approved audit has been made and all questions thereform are resolved. IV. FEE ASSESSMENT A. Clients or their families shall not be assessed fees for 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. - 3 - B. If a cliec. is eligible for fiscal suppo from another state agency or organization, the Service Agency shall ensure that KERR County is not charged for such fiscal support for which the client is otherwise eligible. V. EQUAL OPPORTUNITY Service shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The Service Agency will not discriminate agalnst any employee, applicant for employment, or client because of race, religion, color, eex, national origin, age, or handicapped condition. The Service Agency will 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 HOT 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 which the project is situated or being carried out who exercised any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this Contract which affects his project shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. VII. DEFAULT KERR County may, by written notice of default to the Service Agency, terminate the whole or any part of this contract in any one of the following 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 two circumstances does not cure such failure within a period of ten (10) days (or such extension as authorized by Kerr County in writing) after receiving notice of default. VIII. TERHIHATIOH A. This Contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. - 4 - 8. Termination f the Client's residence with receipt of services from the Service Agency shall occur only after notifying the County Flacemeni Officer of the causes and wiih sufficient lead time of at least ten (1~) days to allow alternate placement or referral for service. C. The decision of the terminating party shall be final and conclusive unless within thirty (30) days from the date of receipt and of a written copy of the decision, the nonterminating party mailer or otherwise furnishes to the terminating party a written 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 showing of fraud, caprice, arbitrariness, or gross error implying bad faith, in some court of competent juridiction. IX. LAM AHD YENUE In the legal action arising under this contract, the laws of Texas shall apply and venue shall be in KERR County. X. CONTRACT PERIOD The Contract period will begin on the date of excution of this instrument and will terminate on the 31st day of August, 1992. KERR County ~~ ~~„~~ ~5~0 ~«,.~ BY: P ~?`C - BY: ct~ ` ^--~ W. G. Stacy, County Judge Administrat /Director (MUST BE AUTHORIZED TO SIGN FOR COUNTY) TITLE: COUNTY JUDGE ADDRESS: 700 Main St. ADDRESS: Kerrville, Tx 78028 DATE: 4 /13 /1992 DATE: / / STATE OF TEXAS COUNTY OF KERR CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Governor's Office, Criminal Justice Division, Grant No. JA-C03-4326, County of K~ and Father Flanagan's Boys' Town of San Antonio, hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth below, agree that: I. PROVISIONS OF SERVICES The Service Agency agrees tc provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: NOTE: Specify here the level of care to be provided (circle one per Contract): Primary, Specialized, intermediate, emergency shelter, therapeutic, intensive, or-in patient pyschiatric. Levels of care and services to be provided at each level are those defined in the CJD Maximum Rate Schedule for Purchase of Services, and by the Texas Health and Human Services Coordinating Council. A. For and in consideration of the above-mentioned services, KERR County agrees to pay the Service Agency an amount not to exceed 549.00 per client per day. This fee does not exceed the actual cast of care in the Service Agency, which ie 5 110.00 per day, and does not exceed the amount allowed in the current CJD Maximum Rate Schedule. Total reimbursement under this Contract shall not exceed S B. Recognizing that a part of a client's rehabilitation program may include time away from the residential setting of the Service Agency, such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, KERR County will pay this Service Agency the above agreed upon amount for such regularly scheduled days away 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 vithin ten days or prior to the last billing day of the month, which ever shall occur first, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten days' payment. * this contract for Shannon Washburn only - 1 - D. E. F G. The Service jency is under no obligation ti stain apace for the client in unauthorized departure situations. Payment 1a to be made monthly. Cleim for payment will be submitted no later than ten days from the last day of the month for which payment is being requested. Each billing should contain the name of the client or clients for whom payment is being requested along with the number of days (stated consecutively) for which payment is being requested. The Service Agency is under no obligation to accept a client who 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 written Individualized Program Plan (IPP) developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate county personnel prior to placement. B. The IPP shall be reviewed 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 with modification of the IPP being made when indicated. C. The IPP shall contain the reasons why the placement will benefit the client; shall specify state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will 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 reviews are to be maintained by the Service Agency and the County Placement Officer. E. The Service Agency shall provide each child's Probation Officer with a written 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, or is involved in an incident of a serious nature, the Service Agency shall notify the child's Probation Officer and the County Placement Officer immediately and ensure that Parente and proper authorities, including the Texas Department of Human Services, are notified. - 2 - G. The County eaerves the right to terminate ie child's placement at the Service Agency at its discretion. The Service Agency must not release a child to any person or agency other than the County without the express consent of the County. H. The County must approve the child's participation in any furloughs, home visits, or extended agency trips. I. Unless otherwise stipulated by the County, the child may visit freely with parents and relatives at the home in accordance with 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. III. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit the County to examine and evaluate its program of services provided under the terms of this Contract and to review County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, 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 (3) years after final payment or until the State-approved audit has been made and all questions thereform are resolved. IV. FEE ASSESSMENT A. Clients or their families shall not be assessed fees for 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. - 3 - B. If a cliet. is eligible for fiscal suppo from another state agency or organization, the Service Agency shall ensure that KERR County is not charged for such fiscal support for which the client is otherwise eligible. V. EQUAL OPPORTUNITY Service shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The Service Agency will 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 will 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 HOT 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 which the project ie situated or being carried out who exercised any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this Contract which affects his project shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. VII. DEFAULT KERR County may, by written notice of default to the Service Agency, terminate the whole or any part of this contract in any one of the following 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 two circumstances does not cure such failure within a period of ten (10) days (or such extension as authorized by Kerr County in writing) after receiving notice of default. VIII. TERMINATION A. This Contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. - 4 - B. Termination f the Client's residence with receipt of services from the Service Agency shall occur only after notifying the County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. C. The decision of the terminating party shall be final and conclusive unless within thirty (30) days from the date of receipt and of a written copy of the decision, the nonterminating party mailes or otherwise furnishes to the terminating party a written 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 showing of fraud, caprice, arbitrariness, or gross error implying had faith, in some court of competent juridiction. IR. LAM AND VENUE In the legal action arising under this contract, the laws of Texas shall apply and venue shall be in KERB County. X. CONTRACT PERIOD The Contract period will begin on the date of excution of this instrument and will terminate on the 31st day of August. 1992. KERR County ~ \ ydtvtt BY: ~~ < 8Y: L~ `~ W. G. Stacy, Co ty Judge Administra r/Director (MUST BE AUTHORIZED TO SIGN FOR COUNTY) TITLE: COUNTY JUDGE ADDRESS: 700 Main St., ADDRESS: Kerrville, Tx 78028 DATE: 4 / 13 / 1992 DATE: _/_/_ STATE OF TEXAS COUNTY OF KERR CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Governor's Office, Criminal Justice Division, Grant No. JA-C03-4326, County of KJ and Father Flanagan' s Boys' Town of San Antonig hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth belox, agree that: I. PROVISIONS OF SERVICES The Service Agency agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: NOTE: Specify here the level of care to be provided (circle one per Contract): Primar , Specialized, herapeutic 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 and Human Services A. For and in consideration of the above-mentioned services, KERR Countyy agrees to pay the Service Agency an amount not to exceed S 71-DO per client per day. This fee does not exceed the actual cost of care in the Service Agency, xhich is 5 85.00 per day, and does not exceed the amount allowed in the current CJD Maximum Rate Schedule. Total reimbursement under this Contract shall not exceed S B. Recognizing that a part of a client's rehabilitation program may include time avay from the residential setting of the Service Agency, such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, KERR County will pay this Service Agency the above agreed upon amount for such regularly scheduled days away 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, KERB County shall be notified immediately. If the client returns to the Service Agency within ten days or prior to the last billing day of the month, which ever shall occur first, the Service Agency shall receive payment far those days the client was absent from the Service Agency, but not to exceed ten days' payment. - 1 - D. The Service aency is under no obligation t stain apace far the client in unauthorized departure situations. E. Payment is to be made monthly. Claim for payment will be submitted no later than ten days from the last day of the month for which payment is being requested. F. Each billing should contain the name of the client or clients for whom payment ie being requested along vith the number of days (stated consecutively) for which payment is being requested. G. The Service Agency is under no obligation to accept a client xho is deemed inappropriate for placement in the program by the Service Agency. II. INDIVIDUAL PR06RAM PLAN AND FAMILY INVOLVEMENT A. Each client placed with the Service Agency shall have a written Individualized Program Plan (IPP) developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate county personnel prior to placement. B. The IPP shall be reviewed 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 with modification of the IPP heing made when indicated. C. The IPP shall contain the reasons why the placement will benefit the client; shall specify state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will 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 reviews are to be maintained by the Service Agency and the County Placement Officer. E. The Service Agency shall provide each child's Probation Officer with a written 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, or is involved in an incident of a serious nature, the Service Agency shall 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. 2 - G. The County eservea the right to terminate ie child's placement at the Service Agency at its discretion. The Service Agency must not release a child to any person or agency other than the County without the express consent of the County. H. The County must approve the child's participation in any furloughs, home visits, or extended agency trips. I. finless otherwise stipulated by the County, the child may visit freely with parents and relatives at the home in accordance with 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. III. EXAMINATION OF PROGRAM AHD RECORDS A. The Service Agency agrees that it will permit the County to examine and evaluate its program of services provided under the terms of this Contract and to reviev County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaries to the staff of the Service Agency and the client. B. The Service Agency 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 (3) years after final payment or until the State-approved audit has been made and all questions thereform are resolved. IV. FEE ASSESStlENT A. Clients or their families shall not be assessed fees for 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. - 3 - B. If a clie. is eligible for fiscal suppc from another state agency or organization, the Service Agency shall ensure that KERR County is not charged for such fiscal support for which the client is otherwise eligible. V. EQUAL OPPORTUNITY Service shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The Service Agency will 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 will 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. YI. OFFICIALS HOT TO REHEFIT 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 which the project is situated or being carried out who exercised any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this Contract which affects his project shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. VII. DEFAULT KERR County may, by written notice of default to the Service Agency, terminate the whale or any part of this contract in any one of the following 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 two circumstances does not cure such failure within a period of ten (10) days (or such extension as authorized by Kerr County in writing) after receiving notice of default. VIII. TERNZNATION A. This Contract may be terminated by either party by giving ten (10> days written notice to the other party hereto of the intention to terminate. - 4 - B. Termination f the Client's residence with receipt of services from the Service Agency shall occur only after notifying the County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. C. The decision of the terminating party shall be final and conclusive unless within thirty (30) days from the date of receipt and of a written copy of the decision, the nonterminating party mailes or otherwise furnishes to the terminating party a written appeal addressed to the Criminal Justice Division. The decision of the Criminal Justice Division or its authorized representative shall be final and conclusive ahsent a showing of fraud, caprice, arbitrariness, or gross error implying bad faith, in some court of competent juridiction. I%. LAM AHD VENUE In the legal action arising under this contract, the laws of Texas shall apply and venue shall be in KERR County. K. CONTRACT PERIOD The Contract period will begin on the date of excution of this instrument and will terminate on the 31st day of August. 1992. KERR County // BY : L ~. ~~~ i ~~t -cJ BY W. G. Stacy, County Judge -~~SC~~ ~Owu-- Administrato /Director (MUST 8E AUTHORIZED TD SIGN FOR COUNTY) TITLE: COWiTY JUDGE ADDRESS: 700 Dlain St., ADDRESS: Kerrville, Tx 78028 DATE: 4 / 13 / 1992 DATE: -/ - STATE OF TEXAS CuONTY OF KEKR CONTRACT FOR RESIDENTIAL SERVICES In accordance xith provisions of the Governor's Office, Criminal Justice Division, Grant No. JA-C03-4326, County of Kerr, and Father Flanacran's Boys' Town of San Antonio hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth below, agree that: I. PROVISIONS OF SERVICES The Service Agency agrees to provide the fallowing services, which shall be limited to alleged or adjudicated juvenile 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 pa lent pyechiatric. Levels provided at each level are those Maximum Rate Schedule for Purchase of Texas Health and 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 49.00 per client per day. This fee does not exceed the actual cost of care in the Service Agency, which is S 85.00 per day, and does not exceed the amount allowed in the current CJD Maximum Rate Schedule. Total reimbursement under this Contract shall not exceed S H. Recognizing that a part of a client's rehabilitation program may include time avay from the residential setting of the Service Agency, such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, KERB County will pay this Service Agency the above agreed upon amount for such regularly scheduled days away 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 within ten days or prior to the last billing day of the month, which ever shall occur first, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten days' payment. - 1 - D. The Service ~ency is under no obligation t. etain space far the client in unauthorized departure situations. E. Payment is to be made monthly. Claim for payment will be submitted no later than ten days from the last day of the m onth for which payment is being requested. F. Each billing should contain the name of the client or clients for whom payment is being requested along wit h the number of days (stated consecutively) for which payment is being requested. G. The Service Agency is under no obligation to accept a client who is deemed inappropriate for placement in the program by the Service Agency. II. INDIVIDUAL PROGRAri PLAN AHD FAriILY INVOLVENENT A. Each client placed with the Service Agency shall have a written Individualized Program Plan (IPP) developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate county personnel prior to placement. B. The IPP shall be reviewed 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 with modification of the IPP being made when indicated. C. The IPP shall contain the reasons why the placement will benefit the client; shall specify state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and vhere possible, grandparents or other extended family members will 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 reviews are to be maintained by the Service Agency and the County Placement Officer. E. The Service Agency shall provide each child's Probation Officer with a written 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, or is involved in an incident of a serious nature, the Service Agency shall 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. - 2 - G. The County eaerves the right to terminate ie child's placement at the Service Agency at its discretion. The Service Agency must not release a child to any person or agency other than the County without the express consent of the County. H. The County must approve the child's participation in any furloughs, home visits, or extended agency trips. I. Unless otherwise stipulated by the County, the child may visit freely with parents and relatives at the home in accordance with 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. III. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit the County to examine and evaluate its program of services provided under the terms of this Contract and to reviev County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, 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 6y 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 (3) years after final payment or until the State-approved audit has been made and all questions thereform are resolved. IV. FEE ASSESSMENT A. Clients or their families shall not be assessed fees for 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. - 3 - B. If a cliei. is eligible for fiscal suppc from another state agency or organization, the Service Agency shall ensure that KERR County is not charged for such fiscal support for vhich the client is otherwise eligible. V. EDUAL OPPORTUNITY Service shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The Service Agency will 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 will 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 which the project is situated or being carried out who exercised any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this Contract which affects his project shall participate in any decision relating to this Contract which 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 whole or any part of this contract in any one of the following 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 two circumstances does not cure such failure within a period of ten (10) days (or such extension as authorized by Kerr County in writing) after receiving notice of default. VIII. TERKINATION A. This Contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. - 4 - B. Termination f the Client's residence with receipt of services from the Service Agency shall occur only after notifying the County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. C. The decision of the terminating party shall be final and conclusive unless within thirty (30) days from the date of receipt and of a written copy of the decision, the nonterminating party mailes or otherwise furnishes to the terminating party a written 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 showing of fraud, caprice, arbitrariness, or gross error implying bad faith, in some court of competent juridiction. IX. LAM AND VENUE In the legal action arising under this contract, the laws of Texas shall apply and venue shall be in KERR County. X. CONTRACT PERIOD The Contract period will begin on the date of excution of this instrument and will terminate on the 31st day of August, 1992. .---" KERR C~o~unty ~ / ~Arc~ ~ ~~~c~- W. G. Stacy, County Judge Administrato /Director (MUST BE AUTHORIZED TO SIGH FOR CDUNTY) TITLE: County Judge ADDRESS: 700 Main St., ADDRESS: Kerrville, Tx 78028 DATE: 4 /13 /1992 DATE: / /