,, . .. 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.G. stacy OFFICE: county Judge MEETING DATE: April 27, 1992 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) ~,.^~,.,,.,- ~^^r^'.;^-° ''^^*rn,,t fnr/Yll°e$iII ;°i c r 'ra i th H nv F i lv Sarvi res vntrl~$~ - --" - - ^"~ °^^°^ ~'°' ~ °° m°"°° and authorization for the County Judge to sign same in the name of Kerr County. EXECUTIVE SESSION REQUESTED: YES NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: county Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: is THIS REQUEST RECEIVED ON : 4/22/92 Cd lo:oo am 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. STATE OF TEXAS COUNTY 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 Kerb andHarmnn~ Fam;i3~cP,-..;,.o~ 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 folloring services, rhich 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 patient pyschiatric. Levels provided at each level are those Kaximum 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 4 35 per client per day. This fee does not exceed the actual coat of care in the Service Agency, which is 3 per day, and does not exceed the amount allowed in the current CJD Maximum Rate Schedule. Total reimbursement under this Contract shall not exceed S5g 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 weekends, holidays, etc., and that the Service Agency must retain apace far this client until hie return, KERB County rill 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 (10I 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. - 1 - D. The Service Agency is under no obligation to retain apace for the client in unauthorized departure situations. 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 is being requested. G. The Service Agency is under no obligation to accept a client rho is deemed inappropriate for placement in the program 6y the Service Agency. II. IRDIVIDUAL PR06RAH PLAN AHD FAMILY IHYOLVEMENT A. Each client placed rith the Service Agency shall have a rritten Individualized Program Plan IIPP) developed in 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 progras rith modification of the IPP being made when indicated. C. The IPP shall contain the reasons rhy the placement rill benefit the client; shall specify state hot the goals and objectives are to be achieved in the Service Agency placement; and shall state hot the parent(s), guardian(s), and there 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 far supervision as defined in the Texas Family Code. D. Copies of the original IPP and the periodic reviers 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 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, 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 Count, reserves the right to termina~r the 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 rithout the express consent of the County. III. 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. EXAMINATION OF PROGRAM AND 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 ae 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 f3) years after final payment or until the State-approved audit hoe been made and all questions therefarm 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 - 8. If a cl_ .t is eligible for fiscal su}~ ,rt from another state agency or organization, the Service Agency shall ensure that Kerr County is not charged for ouch fiscal support for rhich the client is otherrise eligible. V. EQUAL OPPORTUNITY Service shall be provided by the Service Agency in compliance rith 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 Servlce Agency rill take affirmative action to ensure that applicants are employed, and that the employees are treated during employment rithout regard to their race, religion, color, sex, national origin, age, or handicapped condition. YI. OFFICIALS NOT TO BENEFIT No officer, member or employee of xP,-,- 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 ar being carried out rho exercised any functions or responsibilities in the caviar 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 Contract rhich 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 folloring circumstances: (1) if the Service Agency failes to perform the cork called by this Contract, or so fails to prosecute the cork as to endanger performances of this Contract in accordance with its terms, and in either of these tro circumstances does not cure such failure rithin a period of ten (10) days (or such extension as authorized by Kerr County in rriting) after receiving notice of default. VIII. TERMINATION 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. - 4 - B. Termination of the Client's residence rith or 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 t10I days to allot alternate placement or referral for service. C. The decision of the terminating party shall be final and conclusive unless rithin thirty f30> days from the date of receipt and of a mitten copy of the decision, the nonterminating party mailes or otherriee furnishes to the terminating party a mitten 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 grass error implying bad faith, in some court of competent juridiction. IR. LAM AND YENUE In the legal action arising under this contract, the lava of Texas shall apply and venue shall be in Kerr County. %. CONTRACT PERIOD The Contract period rill begin an the date of excution of this instrument and rill terminate on the 31st day of Aucust. 1992. Kerr BY: W.J. Stac County ~A~Fww.;~fovv~w~::C~ BY: Ad Hiatt for/Director tNUST BE AUTHORIZED TO SIGN FOR COUNTY) TITLE: Juvenile Judge ADDRESS:700 Main Street Kerrville, TX 78028 ADDRESS: ~6d 6 /1~a'm J a/ A6.To,,.~/ 7x >q bo/ DATE: _/_/_ DATE: _~/?/ / yc. Commissioner's Court Coordinator Simon J. Harris, GhieŁ S9/d' Kerr County Juvenile Probation Department Approval oŁ Attached Contracts Łor Juvenile Services April 13, 1992 The Following Contracts are requested placed on the Agenda for Approval at the next Regular Commissioner's Court Meeting. RESIDENTIAL CONTRACTS Harmony Family Services, Znc., Abilene, Texas Buckner Baptist Benevolences, Dallas, Texas ~ 'j4 ~-~3 -9~ ~~- BID FOR RESIDENTIAL GARS for Kerr County Juvenile Probation Department NAME OF AGENCY LEVEL OF RESIDENTIAL CARE PROVIDED .~PVtIr ~T .~ ,y PER DIEM COST OF SERVICE ,~.~. Gd "" ~• ~~ 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. r~f~ Agen y Director .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 Harmonv Family Services / Abilene Girls Home 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, emergency shelter, therapeutic, intensive, or-in patient pyechiatric. 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 S 35.00 per client per day. This fee does not exceed the actual cost of care in the Service Agency, which is 5~/,9~,_ per day, and does not exceed the amount alloyed in the current CJD Kaximum Rate Schedule. Total reimbursement under this Contract shall not exceed S 59.00. 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, 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 for those days the client was absent from the Service Agency, but not to exceed ten days' payment. - 1 - D. The Service agency is under no obligation to retain apace for the client in unauthorized departure situations. E. Payment is to he made monthly. Claim for payment rill 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 rhom payment is being requested along rith the number of days (stated consecutively) for rhich 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 INYOLVENENT 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 rith modification of the IPP being made rhea 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 how 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 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 vith 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, 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 reserves the right to terminate the 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. E%AMIRATION 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 cli. is eligible for fiscal supp. .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. EaUAL OPPORTUNITY Service shall be provided by the Service Agency in compliance with 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 will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment rithout regard to their race, religion, color, sex, national origin, age, or handicapped condition. VI. OFFICIALS NOT TO BENEFIT No officer, member or employee of KERB 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 vho 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 rhich 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 tro circumstances does not cure such failure rithin 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 - H. Termination of the G11ent's residence with or 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 shoving of fraud, caprice, arbitrariness, or gross error implying bad faith, in some court of competent juridiction. IX. LAY AND VENUE In the legal action arising under this contract, the lays 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 Harmony Family Services Abilene •a--il BY: _~~~~~~~~~ BY: A inistrator/ ctor ~VIL.L.IAA4 G. B~~ ~A~ ( NUST BE AUTHORIZED TO SIGN FOR COUNTY ) KERR COUIV7'y J[jp(;g 700 Main Street Kenvilb, Texas 78025 TITLE: ~rm,,,r Fwm, ff+'J7(,ss,~~-. /6~t.6 /Uar T~ti.-o~ ADDRESS: ~/ ADDRESS: ~~'•/P~ .~.Z -~C~ (mod' DATE: ~/ ~ ( / ~/~~ DATE: 3 (/~/~