ORDER I~JCJ. 'E~957 F1F'f='RClVf1L DF CONTRH[_T FOR JLNEhITLE. SERVICES WI"I"t-I THE ME=DINfa CI-IIL_DI~E_i~" I-iC7ME, t~lE1)INR, TI:XR', On tt-~i.s the ~tti day of J~_me, 1~J9_, upon moti.nn made. t;y (~anrmissioner• I-Inlekamp, second~~~d by Commissioner' Oehler, the C,n,_;r°t unanimously approved by a vote of 4-0-0, to approve the contract for Juvenile 5ervi.ces with t:t-ie Medina t,~hi7.dren's Home, Medinc~~, IeXi3'.5 and ai_ithor^i'zation o~P the Cn~_inty J'udge's Si.gnat,_ir'e on the contr~aet. STATE OF TEXAS COUNTY OF Kerr CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Governor's Dffice, Criminal Justice Division Grant No. County of Kerr and Medina Children's 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): Primary, specialized, intermediate, emergency shelter, therapeutic, intensive, or in-patient psychiatric. 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, the County_of Kerr agrees to pay the Service Agency an amount not to exceed $35.00 per client per day. This fee does not exceed the actual cost of child care in the Service Agency, which is $35.00 per day and does not exceed the amount allowed in the current CJD Maximum Rate Schedule. Total reimbursement under this contract shall not exceed $35.00 per day. 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, Count of Kerr will pay the 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, the County Of Kerr 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, whichever 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. D. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations. E. Payment is to be made monthly. Claim far 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 is being requested along with the number of days , 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. 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. EXAMINATION OF PR06RAM 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 questionnaires 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 the County of Kerr 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 therefrom 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 seek voluntary contribution from families of County clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. B. If a client is eligible for fiscal support from another state agency or organization, the Service Agency shall ensure that the Count of Kerr is not charged for such fiscal support for which the client is otherwise eligible. - 3 - V. OFFICIALS NOT TO BENEFIT No officer, member or employee of the County of Kerr and no member of its governing body, and no other public official of the governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or respon- sibilities 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 personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. VI. DEFAULT The County of Kerr 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 fails to perform the work called for by this Contract within the time specified herein or any extension thereof; or (2) if the Service Agency fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance 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 days to allow alternate placement of 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 mails 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, arbitrar- iness, or gross error implying bad faith, in some court of competent Jurisdiction. VIII. LAW AND VENUE In any legal action arising under this contract, the laws of Texas shall apply and venue shall be in Kerr County. - 4 - IX. CONTRACT PERIOD The Contract period Will begin on the date of execution of this instrument and will terminate on the day of 1993. Count f r MEDI CHILDREN'S HOME BY: BY: _ W. tact', C y Judge Administ for/Director