ORDER N0.29085 JUVENILE DETENTION CENTER HILL COUNTRY COUNCIL ON ALCOHOL & DRUG ABUSE, INC. Came to be heard this the 14~' day of March 2005 with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 the contract as amended with the Hill Country Council on Alcohol & Drug Abuse, Inc. a~~ ~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF TffiS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: sC3~~°,~y ~ZS ' OFFICE: /~C,~ ~'' MEETING DATE: `~y/05 TIlvIE PREFERRED: /V//~ sUB~ECT: ~®rt~a d ~ ~'a ~2 Ss 6~~ T~~ ~~ ~~ T~~ T F~~ S,c/~uT~~s Gv17ff ff.~.C..~ L'o uN T~ y L°o~l~G ©N ~L Ca.Sk.G aY-~ Rct ~ ~~j vS ~ , ~i/c . EXECUTIVE SESSION REQUESTED: (PLEASE STATE REAS /O/N) NAME OF PERSON ADDRESSING THE COURT: ~3~ca y ~~4-~-.z5 ESTIMATED LENGTH OF PRESENTATION: aiY1.Z~u u >ES IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. AGREEMENT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS COUNTY OF BANDERA KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT is made and entered into this day of , 2005, by and between the County of Kerr (hereinafter called "County'), a political subdivision of the State of Texas, and Hill Country Council on Alcohol and Drug Abuse, Inc. (hereinafter called "HCCADA"), a Texas non-profit 501(c)(3) corporation, each acting by and through its authorized officials. For and in consideration of the mutual terms, conditions and covenants contained herein, COUNTY and HCCADA each acknowledges and agrees as follows: WHEREAS: COUNTY maintains a Juvenile Detention Facility in Kerrville, Kerr County, Texas. WHEREAS: The facility provides housing for juveniles adjudicated as being juveniles who have engaged in delinquent conduct and ordered by the Court into long term placement. WHEREAS: The majority of juveniles placed in long term placement has a history of alcohol/drug use and abuse and poor coping skills. WHEREAS: HCCADA was organized to improve substance abuse prevention and intervention service that support an understanding of addiction diseases to citizens in Bandera, Gillespie, Kendall, Kerr and Medina Counties so that they can increase their desire and ability to live healthy, productive and crime free lives. WHEREAS: HCCADA provides an eight week treatment program entitled Youth rn "Crisis" Treatment Program, designed to meet the special needs of youth 10 to 17 years of age, including counseling with youth on the unique and challenging problems of youth in recovery. WHEREAS: COUNTY feels the programs would be beneficial to certain juveniles in detention at the Kerr County Juvenile Detention Facility. HCCADA/KERR COUNTY/ResolutionDisk#4-Feb05 WHEREBY: COUNTY wishes to contract the services of HCCADA to enhance the potential for long-term sobriety and developing a recovering life-style. HCCADA agrees to provide the following services commencing on March 09, 2005 at the Kerr County Juvenile Detention Facility in Kerrville, Kerr County, Texas: An intense 8 week program entitled "Youth in Crisis Treatment Program",which includes weekly group dynamic, individual and family counseling focusing on Anger Management and Substance Abuse. In consideration for the services furnished by HCCADA hereinabove described, COUNTY shall: • Provide an acceptable place at the Kerr County Juvenile Detention Facility for HCCADA to perform their services, both group counseling, family counseling and individual counseling. • Compensate HCCADA pursuant to the fee schedule attached hereto as Exhibit "A". The term of this contract shall be for a period of twelve (12) months, commencing March 01, 2005, unless this agreement has been terminated in accordance with the provisions contained herein. COUNTY may terminate this agreement at any time ,upon thirty (30) days written notice to HCCADA. HCCADA may terminate this agreement with thirty (30) days written notice to COUNTY. IV. The relationship between COUNTY and HCCADA shall be that of an independent HCCADA/KERR COUNTY/ResolutionDisk#4-Feb05 2 contractor as to all services performed hereunder and not as an officer, agent, servant or employee of COUNTY. HCCADA shall have the exclusive control of its operations hereunder, and the persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. HCCADA shall have no authority to bind COUNTY to any legal and/or contractual obligation and COUNTY shall have no authority to bind HCCADA to any legal and/or contractual obligation. COUNTY covenants and agrees to indemnify, save harmless and defend HCCADA from any and all claims, causes of action and damages of every kind, whether real or asserted, arising from the operations of its duties, obligations and responsibilities, its performance or non-performance, herein provided and in furtherance of this agreement, and the COUNTY assumes all liability or responsibility for same. VI. This written instrument constitutes the entire agreement of the parties hereto concerning the subject matter hereof, and any prior or contemporaneous oral or written agreement which purports to vary from the terms hereof shall be void. This agreement shall be subject to all valid rules, regulations and laws applicable thereto, as promulgated by the United States of America, the State of Texas or any other governmental body or agency having lawful jurisdiction, and supersedes all contracts that may be in existence. No part of this agreement may be assigned or delegated without the prior written consent of the other party, and any attempted assignment of benefits or rights or delegation of duties or obligations shall be a breach of this agreement. HCCADA/KERR COUNTY/ResolutionDisk#4-Feb05 3 It is expressly agreed and understood that in the execution of this Agreement, COUNTY has not waived, or shall be deemed to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of its governmental powers and functions. Except as otherwise provided in this Agreement, all notices required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by certified or registered mail, postage prepaid, return receipt required. For purposes of sending notices under this Agreement, the addresses are: COUNTY: The Honorable Pat Tinley Kerr County Judge Kerr County Courthouse 700 East Main Street Kerrville, TX 78028 HCCADA: Ms. Jeannie Stevens Executive Director 1456 Sidney Baker Kerrville, TX 78028 IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers on this the day of , 2005 and executed in duplicate, each of which constitute an original. KERR COUNTY By: a inley Title: County Judge Date: 3 •/y-Lva.~ HCCADA/KERR COUNTY/ResolutionDisk#4-Feb05 4 HILL COUNTRY COUNCIL ON ALCOHOL AND DRUG ABUSE, INC., a Texas non-profit oration By: Jeannie Stevens Tit Executive Director Date: HCCADA/KERR COUNTY/ResolutionDisk#2-Feb05