ORDER NO. 20747
ACCEPT AND APPROVE THE CONTRACT WITH
BUCKNER BAPTIST EENEVOLENCES
FOR JUVENILE RESIDENTIAL SERVICES
On this the 13th day of January 1992, upon motion made by
Commissioner Holekamp, seconded by Commissioner Morgan, the
Court UNANIMOUSLY APPROVED BY A VOTE OF 4-0-0, to accept and
approve the Contract with Buckner Baptist Benevolences for
Juvenile Residential Services and authorization for the County
Judge's signature.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Simon Harris
OFFICE:
Juvenile Probation
MEETING DATE: January 13, 1992
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider contract with Buckner Baptist
Benevolences for juvenile residential services.
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: simon xarris
Time for submitting this request for Court to assure that the matter 1s posted 1n accordance
with Articie 6252-17 1s 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 : 1/8/92 (ol 9:00 am
., All Agenda Requests w111 be screened by the County Judge's Office to determine if
adequate Information has been prepared for the Court's formal cohslderatlon 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.

Buckner Baptist Benevolences
R. C. CAMPBF,LL • PRF,SIDENT
Larry R. McLendon, Vice President
October 22 1991 Personnel and Administration
• Box 2'71189/Dallas, Texas 75227-I 189
AC 214321-4549
Mr. Simon J. Harris
Chief Juvenile Probation Officer
Kerr County Juvenile Probation Services
323 Earl Garrett Street
Kerrville, Tx X8028
Dear Mr. Harris:
Thank you for discussing the contracting process with me earlier this month.
Please accept this letter and the accompanying enclosures as the response of
Buckner Baptist Benevolences to your invitation to bidders to offer proposals for
the provision of residential services pursuant to the needs of the Kerr County
Juvenile Department.
I would like to express my thanks to you for the guidance you provided me
concerning proposed modifications which Buckner wishes to negotiate in the
contract form included with the bid notification. The standard form contract has
been returned with Buckner's proposal, but I have also included for consideration
of the appropriate county and CJD officials a contract form which contains
revisions which Buckner prefers to the standard form. Buckner Baptist
Benevolences is a statewide organization, and we contract for residential
services with numerous county probation offices. We have recently centralized
Huckner's contracts administration, and in so doing recognized the need to
request changes in the CJD standard form to enable the contract to more
completely and appropriately describe the actual operating relationships which
exist between the county juvenile departments and Buckner units. I appreciate
your willingness to seek approval from CJD for use of Buckner's revised contract
form.
The following explanation of the proposed changes in the contract form may be of
assistance to you as you evaluate our request. The major changes reflected in
the enclosed document when compared to the standard form you originally sent are:
Article I - In general, this section has been renumbered, with the Provision of
Services being assigned the label "A," and subsequent provisions (originally A-G)
being sequentially renumbered B-H. Other revisions to paragraphs within this
Article are:
A - Service descriptions are included for each of the residential Levels of
care to be provided under the contract. The additional language has been
drawn primarily from the THHSCC "Definitions to Levels of Care." Zt
includes some of the specific requirements from the definitions as to the
service, educational, recreational, and therapeutic needs of clients under
each level of care. No reference is made to a level of care if it is not
being offered pursuant to this contract at one or more Buckner facilities.
B - Wording has been modified to clearly indicate that the daily rate payable
is based on the mutually agreed level of care provided to the client.
Also, Schedule A is attached to indicate the levels of care available by
facility together with the fee and actual cost information. Total
reimbursement limits are not specifically addressed, but would be
dependent upon the length of stay of the client in residential care. If
desired, the length of stay could be stipulated at the inception of
placement.
FORMERLY BCICKNER ORPHANS HOME Char(aed iS7q / AN AGENCY OF THE BAPTIST GENERAL CONVENTION oETEXAS
Mr. Simon J. Harris
October 22, 1991
Page Two
D - Notification requirements in the event of unauthorized departure by a
client are covered more comprehensively in Paragraph II.F, so this
provision has been shortened to deal only with the payment issue related
to such departures.
F - Addition to establish a reasonable remittance period.
G - Since level of care may change during any given month, billing information
will need to include not only the date of service but also the level of
care on each date.
H - Wording added to clarify intent and to reflect current operating practice.
I - Wording added to further clarify the description of service in I.A
consistent with THHSCC definitions.
Article II -
C - Editorial change ( "will" to •'may" ) to reflect that the Service Agency
cannot guarantee the outcome of residential services provided to a client.
F - Wording added to provide that the County, at its election, may furnish
Service Agency a written notification protocol to cover contingencies in
the event the child's probation officer and/or the county placement
officer might not be available at the time required notification is
attempted by the Service Agency.
H&I- Editorial change to make wording consistent with prior paragraphs in
Article II. An additional revision to "I" is included to clarify intent
that the location of otherwise approved client-parent visits are at the
Service Agency, not the familial home of the client.
R,L&M-Paragraphs are added to make explicit the duties of County which are
present in the operating practice of the parties under the THHSCC
definitions. Paragraph M also details a clear procedure for advance
notification and determining responsibility for medical costs. No clear
procedure exists in the standard CJD form for determining financial
responsibility for needed medical services or for a notification protocol,
whether routine or emergency.
Article III -
B - Wording added to make explicit what has been implied.
C - As a contractor with County, Service Agency understands the need for and
accepts the obligation to permit inspection and audit of relevant records
by the County. However, as a private agency, Service Agency prefers not
to contractually award an entity or person the blanket privilege to
..... reproduce Service Agency's records.
Mr. Simon J. Harris
October 22, 1991
Page 3
D - Intent of retention period is clarified by added wording.
Article IV -
B - Wording added to clarify that Service Agency shall not be permitted to
collect financial support from two state agencies or organizations for the
same services being provided to a client.
Article V -
A&B- Technical wording additions.
Article VIII -
B - Wording added to describe operating practice when emergency circumstances
might preclude Service Agency from being able to give County ten days'
notice prior to terminating services to a client.
Though you originally proposed to entertain a bid from Buckner Baptist Boys
Ranch, I have also included on Schedule A the Buckner South Texas Center in San
Antonio. The South Texas Center offers services not available at the Boys Ranch.
(intensive care) as well as having placement options for female clients. Your
proximity to the South Texas Center may prove to be somewhat beneficial to you
as well.
I apologize for the delay in preparing this response to your notification. It
is our hope that you will find our bid for residential services to be competitive
and that you will also authorize the revised contract form for use in Kerr
County's procurement of residential services from Buckner. Should you desire to
discuss these contract administration matters further, I can be reached at 214-
321-4549 and will be glad to answer any questions you may have. I will be
available to discuss any of these requested modifications of the CJD standard
contract form with CJD officials as you or they may desire.
Thank you for inviting Buckner to submit a proposal. We are honored to have the
opportunity to be of service to Kerr County residents.
S}ncerel ,
Larry McLendon
77
Enclosures
BIU FOk kESIUENTIAL CAF.
for
Kerr County juvenile Probation Uepartment
NAME OF' AGENCY Buckner Baptist Benevolences
LEVEL OF' HESIUEN'I'IAL CAHE PROVIUEll
PEk UIEM COST OF SERVICE See Schedule A attached to revised contract form.
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.
~~FT'i~~X~§}47z~3SXX}9XX ' -
President
STATE OF TERAS
COUNTY OF
KERR
CONTRACT FOR RESIDENTIAL SERVICES
In accordance with provisions of the Governor's Office, Criminal Justice Division
Grant NO.JA-97-C03-4326, County of KERR and BUCKNER BAPTIST
BOYS RANCH 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 $ *** per client per day. This fee does
not exceed the actual coat of child care in the Service Agency,
which ie $ *** per day and does not esceed the amount alloyed in
the current CJD Maximum Rate Schedule. Total reimbursement under
this contract shall not esceed $
B. Recognizing that a part of a client' a rehabilitation program~ay
include time away from the residential setting of the Service
Agency, such as weekends, holidays, etc., and that the Service
Agency must retain apace for this client until his return, county
.of KFRR 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. Zf a client makes an unauthorized departure from the Service Agency,
the c~,,.,ty of KERR. shall be notified
immediately. Zf the client returns to the Service Agency within ten
days oz prior to the last billing day of the month, whichever shall
occur first, the Service Agency shall receive payment for those days
*** See Schedule A attached to contract form.
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 for payment will be submitted
no later then 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 foc
whom payment •ia being requested along with the number of days
(stated consecutively) for which payment ie being requested.
G. The Service Agency is under no obligation to accept a client who is
deemed inappropriate for placement in the program by Service Agency.
II. INDIVIDUAL PHOGBAM PLAN AND FAMILY INVOLVEMENT
A. Each client placed rith the Service Agency shall have a written
Individualized Program Plan (ZPP) 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
progress with modification of the ZPP being made when indicated.
C. The IPP shall contain the reasons why the placement will benefit the
client; shall specify behavioral goals and objectives being sought
for each client; shall 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 ae 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. Zf 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 tripe.
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.
IZI. ERAMINATION OF PROGRAM AND RECORDS
A. The Service Agency agrees that it will permit the County to ezamine
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 ae requested on farms provided by
the County.
C. The Service Agency agrees to maintain and make available for
inspection, audit, or reproduction by an authorised representative
of the county of KERR and the State of Texas beoks,
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 Seryice.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 County
of KERR is not charged for such fiscal support for which the
client is otherwise eligible.
V. EQUAL OPPORTUNITY
Services 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. OPFICIALS NOT TO BHNEFZT
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 ie
situated or being carried out who exercises any functions or
zesponeibilitiee 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.
VII. DEFAULT
The _c,,,,r~c 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 dose not cure such failure within
a period of ten (10) days (or such extension as authorized by [Name
of CJD Grantee) in writing) after receiving notice of default.
VIII. TER~SINATION
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.
B. Termination of the Client'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 mails or
otherwise furnishes to the terminating party a vritten 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 jurisdiction.
IR. LAY AND VENUE
In any legal action arising under this contract, the law's of Texas shall
apply and venue shall be in KERR County.
R. CONTRACT PERIOD
The Contract period will begin on the date of execution of this instrument
and will terminate on the 31st day of August 19 92
~" Count of E Buckner Baptist Benevolences
BY: i_',~~,,~~ ~ ~~~ ~ ~/ BY:
6(ddi$~LYiiY3FR~~f3
W President
~~ O~ ~QA'SIGN POR COUNTY )
]] J[7DGE
700 Main Street
TITLE: ,Te%89 7~8
ADDRESS: ADDBESSs p 0. Box 271189
Dallas, Texas 75227-1189
DATE: / / DATE: J6 02~
SCHEDULE A
The following fees will be paid by County to the Service Agency for
residential child care services furnished in accordance with the description
under Paragraph I.A. of this Contract. Service Agency agrees that the fees
stated below will not be increased during the term of the Contract.
Leval of Care Provided Fee Per Client Actual Cost of Service Agency
jName & Level Number) Per Dav Per Client Dav*
Specialized Care-Level II
Buckner Baptist Boys $ 41.21 $ 68.87
Ranch-Burnet
Intermediate Care-Level III
Buckner Baptist Boye $ 57.94 $ 68.87
Ranch-Burnet
Buckner Residential Treatment $ 57.94 $105.09**
Center-San Antonio
Therapeutic Care-Level IV
Buckner Baptist Boye $ 68.87 $ 68.87
Ranch-Burnet
Buckner Residential Treatment $ 80.77 $105.09**
Center-San Antonio
Intensive Care-Level V
Buckner Residential Treatment $ 86.25 $105.09**
Center-San Antonio
*ACtual Costs of Service Agency units stated as of the twelve months ending
8/31/91. **COSts are based on less than a full year because operations commenced
during the year.
7
STATE OF TEBAS
COUNTY OF Rerr
CONTRACT FOR RESIDENTIAL SERVICES
~2J ~Se~ lrow'~`n~
~O~ ~- P r< {-e.ve~
~ ~~ `~``~
in accordance with provisions of the Governor's Office, Criminal Justice
Division, Grant No. JA-91-C03-4326, Kerr County Juvenile Probation Services,
hereinafter also called "County," and Buckner Baptist Benevolences, operating ae
its unite identifed on Schedule A, hereinafter called "Service Agency," by this
Agreement, and in consideration of the mutual promises set forth below, agree
that:
PROVISION OF SERVICES
A. The Service Agency agrees to provide residential child care
services, which shall be limited to alleged or adjudicated juvenile
offenders in licensed child care facilities. Residential child care
services are defined as follows according to the applicable State of
Texas Health and Human Services Coordinating Council levels of care.
Specialized care (Level II) - Twenty-four hour care for chil-
dren/adolescents who experience no more than occasional
problems in functioning in a developmental or environmental
area. Such a child exhibits some acting-out behavior in
response to life stresses, but these are brief and transient,
minimally disturbing to others, and not considered deviant by
those who know them. Residential care at this level provides
a routine homelike environment with therapeutic intervention
within the milieu designed to improve the child's functioning
and access to free, appropriate public education through the
local public school district. intervention includes supple-
mental guidance, counseling, and discipline to meet the needs
of the child, and structured recreational activities and
leisure time designed to improve adaptive and decrease mal-
adaptive behaviors.
Intermediate Care (Level III) - Twenty-four hour care for
children/adolescents who experience frequent or repetitive
minor problems in one or more developmental or environmental
areas. Such a child may engage in non-violent, anti-social
acts, but is capable of meaningful interpersonal relation-
ships. Residential care at this level provides adult supervi-
sion in a structured, supportive setting with therapeutic
intervention within the milieu designed to improve the child's
functioning and access to free, appropriate public education
and related services through the local public school district.
Intervention includes a structured and supervised environment
providing formalized behavioral programs implemented by
professional staff or paraprofessional staff under the direct
supervision of professional staff, daily routines and leisure
time activities that are structured, and counseling available
from professional or supervised paraprofessional staff.
Therapeutic Care (Level IV) - Twenty-four hour care for
children/adolescents who experience substantial problems.
Such a child may have mental, physical or social needs and
behaviors that may present a moderate risk of causing harm to
themselves or others, poor or inappropriate social skills,
frequent episodes of aggressive or other anti-social behavior
with some preservation of meaningful social relationships.
Residential care at this level consists of a treatment program
in a structured, supportive setting having therapeutic
"` interventions within the milieu designed to improve the
child's functioning, access to free, appropriate public
education and related services through the local public school
district, and arrangement for medical and dental services as
hereinafter agreed between Service Agency and County.
Intervention includes therapeutic counseling from professional
staff, formalized behavioral programs implemented by profes-
sional staff, therapeutically designed recreational activities
and leisure time, and formalized interaction between profes-
sional staff and children, such as individual group, and
family therapy.
Intensive Care (Level V) - Twenty-four hour care for chil-
dren/adolescents who experience severe problems and are unable
to function in multiple areas. Such a child may sometimes be
willing to cooperate when prompted or instructed, but may lack
motivation or ability to participate in personal care or
social activities, be severely impaired in reality testing or
in communication, may exhibit persistent or unpredictable
aggression, may be markedly withdrawn and isolated due to
either mood or thought disturbance, or may make suicidal
attempts or otherwise present a moderate-to-severe risk of
causing harm to themselves or others. Residential care at
this level requires twenty-four hour supervision by multiple
staff in a limited access setting having therapeutic interven-
tions within the milieu designed to improve the child's
functioning; having access to free, appropriate public
education and related services through the local public school
district which are coordinated with the child's treatment
plan; and having arrangement for medical and dental services
as hereinafter agreed between Service Agency and County.
Intervention includes formalized behavioral programs imple-
mented by professional staff or paraprofessional staff under
the direct supervision of professional staff; formalized
interactions between professional staff and children such as
individual, group, and family therapy; planned activities
(including recreational activities) and interventions applied
by the staff which are individually designed with the goal of
meeting the needs of, and correcting or minimizing the
functional deficiencies of the child; psychological testing
and medication reviews as needed; and planning and supervision
of treatment programs for the children by a professional
interdisciplinary team.
S. For and in consideration of the above-mentioned services, the County
agrees to pay the Service Agency according to the per-client-per-day
fee indicated on Schedule A attached hereto. Such fee shall be
based on the level of care provided by the Service Agency to
County's client, and shall be mutually agreed upon prior to
placement by County with the Service Agency. This fee does not
exceed the actual cost of child care in the Service Agency ae
indicated on Schedule A, and does not exceed the amount allowed in
the current CJD Maximum Rate Schedule.
C. Recognizing that a part of a client's rehabilitation program may
include time away from the residential setting of the Service Agency
such ae weekends, holidays, etc., and that the Service Agency must
retain apace for this client until his return, the County 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.
D.	if a client who makes an unauthorized departure from the Service
~"	Agency returns to the Service Agency within ten (10) 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 (10) days'
	payment.
S.	The Service Agency is under no obligation to retain apace for the
	client in unauthorized departure situations.
F.	Payment is to be made monthly. Claim for payment will be submitted
	no later than ten (10) days from the last day of the month for which
	payment ie being requested. County shall remit payment to Service
	Agency no later than thirty (30) days from the date of receipt of
	claim from Service Agency.
6.	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) and the level of care for which payment is
	requested.
H.	The Service Agency is under no obligation to accept a client who is
	deemed, in Service Agency's sole discretion, inappropriate for
	placement in the program of the Service Agency.
I.	Service Agency shall have no obligation hereunder to provide psycho-
	logical evaluation, counseling and treatment except as provided in
	I.A.4 above. Medical and dental services to be provided by Service
	Agency are limited to routine and minor matters.
II. INDIVIDUAL PROGRAM PLAN AND FAMILY INVOLVEMENT
m 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
	progress with modification of the IPP being made when indicated.
C. The IPP shall contain the reasons why the placement may benefit the
client; shall specify behavioral goals and objectives being sought
for each client; shall 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, become seriously ill, or ie involved in an incident of a
serious nature, the Service Agency shall notify the child's
Probation Officer and the County Placement Officer immediately (or,
if not available, such other appropriate county personnel as may be
designated in writing by County), and ensure that parents and proper
authorities, including the Texas Department of Human Services, are
notified.
6. 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 appropriate county personnel must approve the child's participa-
tion in any furloughs, home visits, or extended agency trips.
I. Unless otherwise stipulated by the appropriate county personnel, the
child may visit freely with parents and relatives at the Service
Agency facility 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.
R. All children placed with the Service Agency will remain under the
legal custody or supervision of the County.
L. County will provide a report of a recent physical examination and
the social, developmental, and family history of each child to be
placed with the Service Agency for longer than thirty (30) days.
The information furnished by County will be accurate and complete,
including any current medical problems and current level of
functioning developmentally, behaviorally, and educationally, and
Service Agency may rely thereon without independent investigation.
N. County agrees to provide each client with medical and dental
examinations by a licensed physician as required by the Texas
Department of Human Services within thirty (30) days prior to
admission of client to Service Agency. County agrees to pay for
medical or dental treatment for clients placed with Service Agency
who had a pre-existing medical condition, unless treatment for a
pre-existing condition ie a part of the rehabilitation program of
the Service Agency. County also agrees to pay for medical and
dental services provided that:
1. Service Agency notifies County prior to medical services being
rendered, or
2. If, in the Service Agency's opinion, medical services cannot
be delayed a sufficient time to comply with Paragraph II.M.1
above without hardship to the youth, Service Agency notifies
County of the need for medical services and the probable
charges therefor on the next working day after services are
provided.
III. EBAMINATION 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 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 reasonably requested on forme
provided by the County.
C. The Service Agency agrees to maintain and make available for
inspection or audit by an authorized representative of the 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 therefrom are resolved, whichever occurs
earlier.
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
contributions 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 County is
not charged for such fiscal support for which the client is
otherwise eligible when Service Agency receives such fiscal support
from another state agency or organization.
V. EQUAL OPPORTUNITY
A. Services shall be provided by the Service Agency in compliance with
the Civil Rights Act of 1964. The Service Agency will not discrimi-
nate in violation of the Act against any employee, applicant for
employment, or client because of race, religion, color, sex,
national origin, age or handicapped condition.
B. The Service Agency will take affirmative action as required by law
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 EENEFIT
No officer, member or employee of County and no member of its governing
body, and no other public officials of the governing body of the locality
or localities in which the project is situated or being carried out who
exercise 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 personal interest or
have any personal or pecuniary interest, direct or indirect, in this
Contract or the proceeds thereof.
VII. DEFAULT
A. The 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:
If the Service Agency fails to perform the work called for by
this Contract within the time specified herein or any exten-
sion 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 (or such
extension as authorized by the County in writing) after
receiving notice of default.
VIII.
I%
%.
By:
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.
B. Except in emergency situations, termination of the client'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. Emergency
situations shall be understood to be situations in which the client
threatens or is perceived to be a threat to harm himself/herself,
another person, or to damage property.
C. The decision of the terminating party shall be final and conclusive
unless within (30) days from the date of receipt of a written copy
of the decision, the non-terminating 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, arbitrariness or
gross error implying bad faith, in some court of competent jurisdic-
tion.
LAW AND VENUE
In any legal action arising under this Contract, the laws of Texas shall
apply and venue shall be in Kerr County.
CONTRACT PERIOD
The Contract period will begin on the date of execution of this instrument
and will terminate on the 31st day of August, 1992.
COUNTY YOUTH SERVICES
ect Director
(MUST EE AUTHORIZED TO SIGN FOR
GRANTEE)
TITLE: Chief Juvenile Probation Officer
Address: 232 Earl Garrett St.
Kerrville, Texas 78028
Date:
BQUCGRNER BAPTIST BENEVOLENCES
By: /~-/~j~~
`~ President
Address: P. O. Box 271189
Dallas, Texas 75227-1189
Date: iD~3. 9 /
6
SCHEDULE A
The following fees will be paid by County to the Service Agency for
residential child care services furnished in accordance with the description
under Paragraph I.A. of this Contract. Service Agency agrees that the fees
stated below will not be increased during the term of the Contract.
Level of Care Provided Fee Per Client Actual Cost of Service Agency
(Name & Level Number) Per Dav Per Client Dav*
Specialized Care-Level II
Buckner Baptist Boya $ 41.21 $ 68.87
Ranch-Burnet
Intermediate Care-Level IZI
Buckner Baptist Boys $ 57.94 $ 68.87
Ranch-Burnet
Buckner Residential Treatment $ 57.94 $105.09**
Center-San Antonio
Therapeutic Care-Level IV
Buckner Baptist Boys $ 68.87 $ 68.87
Ranch-Burnet
Buckner Residential Treatment $ 80.77 $105.09**
Center-San Antonio
Zntensive Care-Level V
Buckner Residential Treatment $ 86.25
Center-San Antonio
$105.09**
*Actual Costs of Service Agency units stated as of the Lwelve months ending
8/31/91. **COSts are based on less than a full year because operations commenced
during the year.
7