ORDER N0.29215
PLACEMENT CONTRACT FOR
JUVENILE DETENTION FACILITY
On this the 14`h day of June 2005, upon motion made by Commissioner Baldwin,
seconded by Commissioner Williams, the Court approved by a vote of 3-1-0, the
placement contract with El Paso County and Cameron County and authorize the County
Judge to sign same for the Juvenile Detention Facility.
I t ~ ~ COMMISSIONERS' COURT AGENDA REQUEST ~ ~a I
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: >r3~~~y /7'7`t~G1.5 OFFICE: ,~C f f--
MEETING DATE: ~~/~S ~ TII~~IE PREFERRED: ~j~.
SUBJECT: ~SSC6/s5 ~PiQaUA,~ ©~ /"~'E/~,Ert/TGB.cJ72FIt7' a>7Ti~
~,c-~/tSo Couvey ~ ~,~~ ~,~,2azc ~'ouN7y JuD6~ ~o s.z~~V sA~rnc .
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) /U/~I
NAME OF PERSON ADDRESSING THE COURT: ~~ay f15
ESTIMATED LENGTH OF PRESENTATION: 02- /rJZ,tl u765
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: 5:00 P.M. previous Tuesday.
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 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 eazliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
CONTRACT FOR DETENTION OF JUVENILE OFFENDERS
KERR COUNTY
FY 2005
Page 1-Purohase of Juvenile Detention Services Contract
THE STATE OF TEXAS
COUNTY OF CAMERON
KERB COUNTY
CONTRACT FOR DETENTION OF JUVENILE OFFENDERS
This Contract is by and between THE CAMERON COUNTY JUVENILE PROBATION DEPARTMENT
(hereafter, "CCJPD") and at the request of and in behalf of KERR COUNTY for the purpose to
provide detention services for delinquent children and children in need of supervision for juveniles
from the County of CCJPD, in accordance with the Family Code of the State of Texas. This Contrail
shall end on September 30, 2005, unless extended or terminated as otherwise provided for in the
Contract.
WHEREAS, KERR COUNTY operates and manages a JUVENILE DETENTION CENTER in Texas
and has contracted with other various probation departments for housing of juveniles; and
WHEREAS, the DETENTION CENTER has been duly inspected and certified as being suitable for
the detention of juveniles by the KERR COUNTY Juvenile Board;
WHEREAS, the BOARD has approved the programs, policies and procedures under which KERR
COUNTY operates the facility;
NOW, THEREFORE, the parties agree as follows:
Facility: KERR COUNTY agrees to provide those juveniles housed in the DETENTION
CENTER operated by KERR COUNTY, room, board, and 24 hour daily supervision in
accordance with the Family Code of Texas and other applicable law. Such space and
service shall be provided by KERR COUNTY at the request of CCJPD. Such space,
however, will be provided by KERR COUNTY to CCJPD on a space available basis.
2. Medical: CCJPD agrees to be responsible for payment for medical care to the juveniles from
the CCJPD and to pay for emergency examinations, treatments, and hospitalization in the
event the parent of the child andlor the child's medical insurance does not cover the cost.
KERR COUNTY shall notify CCJPD of any medical emergency or condition requiring medical
care within one (1) regular working day of its occurrence.
3. Fees: For services rendered under this Agreement, CCJPD shall pay the sum of EIGHTY
THREE ($83.00) DOLLARS per day per child for each day the CCJPD has juveniles in the
DETENTION CENTER operated by KERR COUNTY. Charges will inGude the day of
admittance, regardless of hour of admittance; plus the number of days until released,
including day of release, regardless of hour.
4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CCJPD of
KERR COUNTY'S monthly invoicing. Payment shall be made to KERR COUNTY and mailed
to: KERR COUNTY, P.O. Box 291216, Kerrville, Texas 78029.
5. PRE-HEARING DETENTION: Pre-Hearing detention shall be available at the DETENTION
CENTER when it is not possible for CCJPD to secure a Detention Order (e.g., weekends,
holidays, or after working hours), however, one certified copy of the signed after-hearing
Detention Hearing Order must be received by KERR COUNTY within the guidelines set forth
in Section 54.01 et seq. of the Texas Family Code.
Upon delivery of a Juvenile to the DETENTION CENTER for pre-hearing detention; the party
delivering the said juvenile shall furnish:
(1) One original of the "Authorization for Detention" form attached, signed by a
certified Juvenile Probation Officer.
6. AFTER-HEARING DETENTION: After hearing detention shall require the following:
(1) One certified copy of the Detention Order signed by the Juvenile Court; said
Order to contain and include:
A. The specific date and time the Order of Detention shall become void;
and
B. Any other requirements of the Texas Family Code.
7. Order Extending Time: Juveniles placed in the DETENTION CENTER shall be removed
therefrom by CCJPD, its agents, servants or employees at the contusion of the ten (10) day
period authorized by the Detention Order, unless an order authorizing continued detention,
has been delivered to the Detention Center within said ten (10) day period.
8. CHARGES FOR TRANSPORTATION: Should a juvenile not be removed by CCJPD, its
agents, servants, or employees within the ten (10) day detention period specified in the
Juvenile Court's Detention Order and a new Order authorizing continuing detention has not
been received; KERR COUNTY will immediatey deliverthejuvenile to the Juvenile Court or
a person authorized by the CCJPD to receive Juveniles. CCJPD shall be charged $.28 per
mile for each mile traveled.
9. ORDERS OF RELEASE: Juveniles placed in the DETENTION CENTER operated by KERR
COUNTY shall not be released prior to the termination of the Detention Order except:
(1) To a person or persons authorized by the CCJPD, upon that person's signing
out of the said juvenile.
(2) Under a specific Order of Release issued by the CCJPD'S Juvenile Court;
such Order shall specify to whom the Juvenile is to be released.
10. EXAMINATIONS: If a juvenile is placed in the DETENTION CENTER operated by KERR
COUNTY, and if found, in the sole judgment of KERR COUNTY, to be mentally or physically
unfit, dangerous and/or unmanageable or such juveniles mental or physically condition would
or might endanger that juvenile or other occupants of the DETENTION CENTER, then KERR
COUNTY will immediatey give notice to a person or persons authorized by CCJPD to
remove the juvenile, and said juvenile shall be removed by an authorized person promptly,
but in no event longer than twelve (12) hours. In the event said juvenile is not removed,
KERR COUNTY is hereby authorized to immediately deliver the juvenile to the CCJPD or
person authorized by CCJPD to receive juveniles. CCJPD shall be charged for same in
accordance with Number 8 above.
11. ACCEPTANCE: KERR COUNTY agrees that the DETENTION CENTER operated by KERR
COUNTY will accept any juvenile qual~ed hereunder, without regard to such juvenile's
religion, race, creed, color, or national origin.
12. INSPECTION BY CCJPD: The Judge of the Juvenile Court and members of the Juvenile
Board or representatives of their party must personally inspect a DETENTION CENTER to
certify that it is suitable for the detention of children in accordance with the Texas Family
Code, 51.12.
13. OPERATIONS: Nothing in this contract shall be construed to permit CCJPD, its agents,
servants, or employees in any way to manage, control, director or instruct, KERR COUNTY,
its servants or employees in any manner respecting any of their work, duties, or functions
pertaining to the maintenance and operation of the DETENTION CENTER operated by KERR
COUNTY.
14. KERR COUNTY agrees not to use mechanical restraints on a child placed by the CCJPD,
except with prior written authorization from a physician in life threatening situations and not
use restraints except when necessary and in accordance with applicable licensing standards.
15. KERR COUNTY agrees to comply with all applicable laws, rules, regulations and standards
relating to the confidentiality of youth referred by CCJPD to KERR COUNTY.
16. To permit CCJPD to examine and evaluate the services and the records maintained by
KERR COUNTY under this Contract, and to furnish such information relating to these
services and records as may be requested by CCJPD, inGuding but not limited to all Ginical
and fiscal information and the results of any and all audits conducted by TDPRS, relating to
youth referred under this Contract.
17. CONFIDENTIALITY AND INDEMNIFICATION: Inconsideration of KERR COUNTY and/or its
representatives oragents agreeing to provide access to information or records pertaining to
a juvenile placed in the DETENTION CENTER by CCJPD, CCJPD agrees to as permitted by
Texas State Law & Constitution, to indemnify and hold harmless KERR COUNTY and KERR
COUNTY for any damages and/or claims, inGuding, but not limited to attorneys fees incurred
in the evens that any breach of confidentiality occurs as a result of KERR COUNTY providing
the information or records to CCJPD.
18. To maintain separate fiscal records for the Detention Center Program such that income for
each youth and expenses for such unit can be readily identified.
19. Provide all services in a manner which safeguards the health, welfare and safety of the
children, to the maximum extend possible, and in the least restrictive setting possible.
20. To submit to CCJPD at the end of each month a bill for services, which includes all
reimbursable daily expenses incurred by KERR COUNTY forjuveniles of CCJPD to the date
of the bill. Billing document shall be forwarded to CCJPD.
21. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or
business entity named in this contract, bid, or application is not ineligible to receive the
specific payment and acknowledges that this contract may be terminated and payment may
be withheld if this certification is inaccurate.
22. KERR COUNTY 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.
23. That either early may cancel this Contract for any reason, by providing written notice to the
other party at least thirty (30) days prior to the cancellation date.
24. If KERR COUNTY fails to provide services according to the provisions of this contract, the
CCJPD may, upon written notice of default to KERR COUNTY, terminate all or any part of
the contract. Termination is not necessarily an exclusive remedy, but will be in addition to
any other rights and remedies provided by law or under this contact.
25. That this Contract may not be changed, modified or waived in whole or in part, except where
done in writing signed by all parties hereto.
26. That this Contract shall be construed under the laws of the State of Texas, and is
performable in Cameron COUNTY Texas.
27. That this Contract represents the entire agreement, and supersedes all previous
agreements, whether written or oral, of the parties hereto regarding the subject matter here,
and there are no promises, representations, terms, or other matters relating to the subject
matter of this Contract which are not inGuded herein.
28. Payment for services rendered for the above mentioned contract may be paid partially or
wholly with TJPC State Funds.
INDEMNITY AND CERTIFICATION
KERR COUNTY shall indemnify and hold harmless, the CCIPD, its agents, Officer, employees, and
public officials, from any and all injury and damage to persons or property caused by the negligent or
intentional acts or omissions of Agency, its agents, employees, patients, clients, and invitees, including
the negligent supervision of any person residing at or participating at its facility or in any of its
programs.
KERR COUNTY warrants that it is certified, approved or licensed by all Federal, State, or local
agencies, or departments which have jurisdiction to regulate any activity performed in or by a child
residential treatment facility. Proof of such certification, approval, or license shall be provided to the
CAMERON COUNTY Iuvenile Probation Department within ten (10) days of execution of this
Agreement.
NON-APPROPRIATION OF FUNDS
In the event no funds or insufficient funds aze appropriated and budgeted for the placement of
residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal
period in which the services are due under this Contract, then County shall, not less than sixty (60)
days prior to the end of such applicable fiscal period, in writing, notify the Service Agency of such
occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of
the fiscal period for which appropriations were made without penalty, liability or expense to KERR
COUNTY of any kind, except as to (I) the services herein agreed upon for which funds shall have
been appropriated and budgeted or are otherwise available and (ii) County's other obligation and
liabilities under this Contract relating to, accruing or arising prior to such termination.
COMPLIANCE WITH REOUHiED REGULATIONS. POLICIES AND PROCEDURES
Comply with all applicable federal and state regulations and with TDPRS policies and procedures
regarding services delivered under this contract including, but not limited to:
EQUAL OPPORTUNITY--Services shall be provided by KERR COUNTY in compliance
with Title IV of the Civil Rights Act of 1986. The Service Agency will not discriminate
against any employee, applicant for employment, or client because of race, religion, color,
national origin, age, or handicapped condition. KERB COUNTY will take affirmative action
to ensure that applicants are employed and that the employees are treated during employment
without regazd to their race, religion, color, sex, national origin, age, or handicapped
condition.
2. AMERICANS WITH DISABILITIES ACT--KERB COUNTY expressly represents and
warrants to the CCJPD that the premises, the building in which the services aze rendered and
all pazking, sidewalks and other appurtenances pertaining to such buildmgs have been
constructed, maintained and operated, and shall continue to be used, maintained and operated
in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89-67Q 104 Stat
327 (1990), and all rules, regulations, and guidelines promulgated thereunder, as the same
maybe amended from time to time (the American Disabilities Act).
3. Texas Health and Safety Code Section 85.113 (relating to workplace and confidentiality
guidelines regarding AIDS and HIV).
4. Federal Immigration Reform and Control Act of 1986 regarding employment verification and
retention of verification forms for any individuals who will perform any labor or services
under this contract.
5. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective
Services' offices as required by the Texas Family Code, Chapter 261. All reports must be
made within 24 hours of the discovery of abuse or neglect.
6. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal
history and any current criminal indictment involving an offense against the person, an offense
against the family, or an offense involving public indecency under the Texas penal Code as
amended, or an offense under Chapter 281 of the Texas health and Safety code. This
verification and disclosure will be required of all who have direct contact with clients.
Comply with state and federal licensing and certification requirements, health and safety
standards, and regulations prescribed by the United States Department ofHealth and Human
Services and the Texas Department of Protective and Regulatory Services.
NOTICES
All notices to the CAMERON COUNTY JUVENILE PROBATION DEPARTMENT shall be sent
by certified or registered mail, addressed to: Judge Migdalia Lopez, Juvenile Board Chairperson,
Cameron County Courthouse, 974 E. Harrison Street, Brownsville, Texas 78520, and to the Chief
Juvenile Probation Officer, Darrell B. Hester Juvenile Justice Center, P.O. Box 1690, San Benito,
Texas 78586. All notices to KERR COUNTY, shall be sent certified or registered mail, addressed
to KERB COUNTY, County Judge, P.O. Box 291216, Kerrville, Texas 78029, or at such other
address as KERR COUNTY may otherwise designate.
EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL
F~RCE AND EFFECT OF AN ORIGINAL, on the .a ~~` day of
~~, , 2004.
KERR COUNTY
BY: "~
Se~~ _~
..+~~.~
-n.Kerr County~,J,,, ~~
3+~veRile-Bearei--
THE COUNTY OF CAMERON
3udge 1 gdalia Lopez
Chairperson Cameron County
Juvenile Board
CONTRACT FOR RESIDENTIAL SERVICES
KERB COUNTY, INC.
FY 2005
Page 1-Purchase of Residential Services Contract
THE STATE OF TEXAS
COUNTY OF CAMERON
KERR COUNTY, INC.
CONTRACT FOR RESIDENTIAL SERVICES
1n accordance with the provisions set forth herein, the COUNTY OF CAMERON, Juvenile Probation Deparhnertt
(hereafter, "County', and at the request of and in behalf of KERR COUNTY for the purpose of providing
residential treatment services for adolescents, and to protect the well-being of the child and enhance the child's
fturctional abilities in a substitute care setting by providing the following. services, as appropriate:
WHEREAS, KERR COUNTY operates and manages RESIDENTIAL PLACEMENT CENTERS in Texas abe
has contracted with other various probation departments for housing of juveniles; and
WHEREAS, the RESIDENTIAL PLACEMENT CENTERS have been duly inspected and certified as being
suitable for the detention of juveniles by their respective County Juvenile Boards;
WHEREAS, the respective County Juvenile Boards have approved the programs, policies and procedures under
which KERR COUNTY manages the facilities;
NOW, THEREFORE, the parties agree as follows:
FACILITIES: KERR COUNTY agrees to provide those juveniles housed in any
RESIDENTIAL PLACEMENT CENTER operated by KERR COUNTY rows, board, and
twenty-four (24) hour daily supervision and approved educational program, recreational
facilities, and counseling. Such space and service shall be provided by KERB COUNTY at the
request of County. Such space, however, will be provided by KERB COUNTY to Cotmty art a
space available basis. County specifically agrees that a~ juvenile placed with KERR
COUNTY may be housed at any of the aforementioned RESIDENTIAI, PLACEMENT
CENTERS operated by KERB COUNTY that has been certified by their respective County
Juvenile Board, and further agrees that arty juvenile may be transferred to another
RESIDENTIAL PLACEMENT CENTERS operated by KERR COUNTY provided a contract
has been executed for that facility. KERB COUNTY and County agree that except in
emergency situations, KERR COUNTY will give County forty-eight (48) hours notice before
transferring a juvenile. In an emergency situation, KERB COUNTY will notify County within
twelve (12) hours of the juvenile's transfer to another RESIDENTIAL PLACEMENT
CENTER KERR COUNTY agrees to adhere to all applicable state and federal laws and
regulations in providing the above-described services.
2. MEDICAL: County agrees to be responsible for payment for medical care to the juveniles from
the County and to pay for emergency examinations, treatments, and hospitalization intheevent
the parent of the child and/or the child's medical
insurance does not cover the cost. KERR COUNTY shall notify County of any
medical emergency or condition requiring medical care within one (1) regularwoticing dayofits
occurrence.
3. FEES: For services rendered under this Agreement, County shall pay the sum of EIGHTY-
THREEAND .00/100 ($83.00) DOLLARS for a Level IV(Specialized). Level V (Specialized)
Page 2-Pucct~ace of Residential Services Contract
residents daily rate will beEIGHTY-FIVE AND .00/100 ($85.00) DOLLARS per day per child
for each day the County has juveniles in any of the RESIDENTIAL PLACEMENT
FACILITIES operated by KERB COUNTY. Chazges will include the day of admittance,
regazdless of hour of admittance; plus the number of days until released, including day of
release, regazdless of hour.
4. BII,LING: KERR COUNTY agrees to famish County an itemized bill, which shall include the
daily chazges specified above and all reimbursable expenses incurred by KERB COUNTY for
juveniles of County through the date of the bill. Billing document shall be forwarded to Coutriy.
5. PAYMENT: Payment shall be made montlily within thirty (30) days aRer receipt by County of
KERB COUNTY'S monthly invoicing. Payment shall be made to: KERR COUNTY, P.O.
Box 291216, Kerrville, Texas 78029.
6. ACCOUNTING AND INSPECTION: KERB COUNTY will account sepazately for arty
and all state funds paid to KERR COUNTY by Cowry. KERR COUNTY wilt provide
access to County to records necessary to monitor KERB COUNTY'S performance
under this contract. KERB COUNTY will retain all applicable records for a miuirnum
of three (3) yeazs of unfit arty pending audits have been completed or questions
answered regazding the financial records have been resolved.
7. CONDITIONS FOR PLACEMENT: When a juvenile is transported to aay of the
RESIDENTIAL PLACEMENT CENTERS operated by KERB COUNTY, the officer
effectuating the transfer should have the following with him:
(1) Two copies of the signed Ihspositional Order with the conditions ordering the child
into placement; and
(2) Parent's notification of child's whereabouts.
8. ORDER EXTENDING TIME: Juveniles placed in Post-Adjudication care in the facilities shall
be removed therefrom by County, its agents, servants or employees at the time specified by the
Court Order issued by the Judge of the Juvenile Court of County.
9. CHARGES FOR TRANSPORTATION: Should a juvenile in Post-Adjudication caze
not be removed by County, it agents, servants or employees as noted in above
Section 8 by 12:00 noon of the last day of placement; KERR COUNTY will
immediately deliver the juvenile to the Juvenile Court or a person authorized by the
County to receive Juveniles. County shall be chazged $.28 per mile for each mile
traveled.
10. ORDERS OF RELEASE: Juveniles placed in any RESIDENTIAL PLACEMENT CENTER
operated by KERB COUNTY shall not be removed prior to the conclusion of the Court Order
except to the Probation Officer or as allowed in Section 1 I below, without delivery ofan Order
for Release signed by the Judge of the Juvenile Court of County.
11. EXAMINATIONS: If a juvenile is placed in a RESIDENTIAL PLACEMENT CENTER
operated by KERR COUNTY, and if found, in the sole judgement of KERB COUNTY, to be
mentally or physically unfit, dangerous and/or unmanageable or such juveniles mental or
physical condition would or might endanger that juvenile or other occupants of the
Page 3-Purohase of Residential Services Contract
RESIDENTIAL PLACEMENT CENTER, then KERR COUNTY will immediately give notice
to a person or persons authorized by County to remove the juvenile, and said juvenile shall be
removed by an authorized person promptly, but in no event longer than twelve (12) hours. In
the event said juvenile is not removed, KERB COUNTY is hereby authorized to immediately
deliver the juvenile to the County or person authorized by County to receive juveniles. County
shall be charged for same in accordance with Section 9 above.
12. ACCEPTANCE: KERR COUNTY agrees that arty RESIDENTIAL PLACEMENT CENTER
operated by KERR COUNTY will accept airy juvenile qualified hereunder, without regazd to
such juvenile's religion, race, creed, color, w national origin.
13. OPERATION: Nothing in this contract shall be construed to pernrit County, its agents, servants
w employees in a~ way to manage, control, direct or instruct KERB COUNTY, its servarts or
employees in arty manner respecting any of their work, duties or fiutctions pertaining to the
maintenance and operation of arty RESIDENTIAL PLACEMENT CENTER operated by KERB
COUNTY.
14. To operate the Program incompliance with all applicable child care standazds as promulgated
by the Texas Department of Protective and Regulatory Services (TDPRS).
15. Not use mechanical restraints on a child placed by the County, except with prior written
authorization from a physician in life threatening situations and not use restraints except when
necessary and in accordance with applicable licensing standazds.
16. To permit County to examine and evaluate the services and the records maintained by KERR
COUNTY under this Contract, and to fiunish such information relating to these services and
records as may be requested by County, including but not limited to all clinical and fiscal
information and the results of arty and all audits conducted by TDPRS, relating to youth referred
under this Contract.
17. CONFIDENTIALITY AND INDEMNIFICATION: 1n consideration of KERB COUNTY
and/or its representatives wagents agreeing to provide access to information or records
pertaining to a juvenile placed in the RESIDENTIAL PLACEMENT CENTER by County,
County agrees to as permitted by Texas State Law & Constitution, to indemnify and hold
harmless KERR COUNTY for arty damages and/w claims, including, but not limited to
attorney's fees incurred in the event that arty breach of confidentiality occurs as a result of
KERB COUNTY providing the information or records to County.
18. Accept, as the apphcation for admission, The Common Application For Placement of Children
in Residential Caze (Form 2087) for placement of County children.
19. Provide all services in a manner which safeguards the health, welfare and safety of the drildren,
to the maximum extent possible, and in the least restrictive setting possible.
20. The service agency shall identify goals and outputs and document measurable outcome which
relate to program objectives.
21. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or
business entity named in this contract, bid, or application is not ineligible to receive the specific
gant, loan, w payment and acknowledges that this contract may be terminated and payment
Page 4-Purchase of Residential Services Contract
maybe withheld if this certification is inaccurate.
22. KERB COUNTY shall adhere to all applicable state and federal laws and regulations pertinert
to the County provision of services.
23. KERB COUNTY shall account sepazately for the receipt and expenditure of a~ and all funds
received under this contract.
24. KERB COUNTY shall maintain financial, programmatic, and supporting documents, statistical
records, inventories of nonexpendable property acquired and other records pertinent to claims
submitted during the contract period for a minimum of three years. If any litigation, claim, or
audit involving these records begins before the three-yeaz period expires, the Service Agency
will keep the records and documents for not less than three yeazs and 90 days and until all
litigation, claims or audit findings are resolved. The case is considered resolved when a fina-
order is issued in litigation, or a written agreement is entered into between the County and
KERB COUNTY. "Contract period" means the beginning date through the ending date
specified in the original contract. Contract extensions are considered to be separate contract
penods.
25. If a youth makes an unauthorized departure from KERR COUNTY, County shall be notified
immediately. If the youth returns to KERB COUNTY within ten days or prior to the last billing
day of the month, whichever shall occur first, KERB COiJNTY shall receive payment for those
days the youth was absent from KERB COUNTY, but not to exceed ten days payment.
26. The term of this Contract shall commence on October 1, 2004, and shall end on September 30,
2005.
27. That either party may cancel this Contract for a~ reason, by providing written notice to the
other party at least thirty (30) days prior to the cancellation date.
28. If KERR COUNTY fails to provide services according to the provisions of this contract, the
County may, upon written notice of default to KERR COUNTY, terminate all or a~ part ofthe
c~tract. Termination is not necessarily an exclusive remedy, but will be in addition to any
other rights and remedies provided by law or under this contact.
29. That this Contract may not be changed, modified or waived in whole or in part, except where
done in writing signed by all parties hereto.
30. That this Contract shall be construed under the laws of the State of Texas, and is performable in
Cameron County Texas.
3 L That this Contract represents the entire agreement, and supersedes all previous agreements,
whetber written or oral, of the parties hereto regarding the subject matter here, and there are no
promises, representations, terms, or other matters relating to the subject matter of this Contract
which are not included herein.
32. At the end of the contract term or other contract termination or cancellation, KERB COUNTY
shall in good faith and in reasonable cooperation with the County, aid in transition to airy new
arrangement or provider of services. The respective accnred interests or obligations mimed to
date of termination must also be equitably settled.
Page 5-Purchase of Residential Services Confrac[
33. Payment for services rendered for the above mentioned contract may be paid partially
or wholly with TJPC State Funds.
NON-APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted for the placement of
residential services and funds are otherwise unavailable, by any means whatsoever, in
any fiscal period in which the services are due under this Contract, then County shall, not less
than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the
Service Agency of such occurrence. This Contract shall thereafter terminate and be
tendered null and void on the last day of the fiscal period for which appropriations were made
without penalty, liability or expense to KERR COUNTY of any kind, except as to (I) the
services herein agreed upon for which funds shall have been appropriated and budgeted or
are otherwise available and (u) County's other obligation and liabilities under this Contract
relating to, accruing or arising prior to such termination.
COMPLIANCE WITH REQUIIiED REGULATIONS, POLICIES AND PROCEDURES
Comply with all applicable federal and state regulations and with TDPRS policies and
procedures regarding services delivered under this contract including, but not limited to:
EQUAL OPPORTUNTI'Y--Services shall be provided by I{ERR COUNTY in
compliance with Title IV of the Civil Rights Act of 1964. The Service Agency will
not discriminate against any employee, applicant for employment, or cliem because of
race, religion, color, national origin, age, or handicapped condition. KERR
COUNTY will take affirmative action to ensure that applicants are employed and that
the employees are treated during employment without regazd to their race, religion,
color, sex, national origin, age, or handicapped condition.
2. AMERICANS WITH DISABILITIES ACT--KERB COUNTY expressly represents
and warrants to the County that the premises, the building in which the services are
rendered and all parking, sidewalks and other appurtenances pertaining to such
buildings have been constructed, maintained and operated, and shall continue to be
used, maintained and operated in compliance with the Americans with Disabilities Act
of 1990, Pub. L. No. 89-670, 104 Stat 327 (1990), and all rules, regulations, and
guidelines promulgated thereunder, as the same may be amended from time to time
(the American Disabilities Act).
3. Texas Health and Safety Code Section 85.113 (relating to workplace and
confidentiality guidelines regarding AIDS and HIS.
4. Federal Immigration Reform and Control Act of 1986 regarding employment
verification and retention of verification forms for any individuals who will perform
any labor or services under this contract.
5. Establish a method to ensure the confidentiality of records and other information
Page 6-Purchase of Residential Services Contract
relating to clients according to applicable federal and state law, rules and regulations.
This provision does not limit the County's right of access to Ghent case records or
other information relating to clients served under this contract. The County shall have
an absolute right of access to, and copies of, such information, upon request.
6. Promptly report any suspected case of abuse or neglect to the appropriate Child
Protective Services' offices as required by the Texas Family Code, Chapter 261. All
reports must be made within 24 hours of the discovery of abuse or neglect.
7. Verify and disclose, or cause its employees and volunteers to verify and disclose
criminal history and any current criminal indictment involving an offense against the
person, an offense against the family, or an offense involving public indecency under
the Texas penal Code as amended, or an offense under Chapter 281 of the Texas
health and Safety code. This verification and disclosure will be required of all who
have direct contact with clients.
8. Comply with state and federal licensing and certification requirements, health and
safety standards, and regulations prescribed by the United States Department of
Health and Human Services and the Texas Department of Protective and Regulatory
Services.
NOTICES
All notices to the CAMERON COUNTY JUVENILE PROBATION DEPARTMENT shall be sent
by certified or registered mail, addressed to: Judge Migdalia Lopez, Chairperson Juvenile Board,
Cameron County Courthouse, 974 E. Harrison Street, Brownsville, Texas 78520, and to the Chief
Juvenile Probation Officer, Darrell B. Hester Juvenile Justice Center, P.O. Box 1690, San Benito,
Texas 78586. All notices to KERR COUNTY shall be sent certified or registered mail, addressed to
Executive Director, KERB COUNTY, P.O. Box 291216, Kerrville, Texas 78029, or at such other
address as KERB COUNTY may otherwise designate.
EXECUTED IN DUPLICATE COPIES, EACH OF WffiCH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL, on the ~ b ~` day of ~c~l~.ti , 2004.
KERR COUNTY THE COUNTY OF CAMERON
BY: BY:
Judge ~ ty ~ ~~ udge 'gdalia Lopez
Kerr Coun Chairperson Cameron County
Juvenile Boazd
Page 7-Purchase of Residential Services Contract
THE STATE OF TEXAS
RESIDENTIAL TEMPLATE
COUNTY OF EL PASO
KERR COUNTY JUVENILE FACILITY
CONTRACT FOR RESIDENTIAL SERVICES
In accordance with the provisions set forth herein, the County of El Paso on behalf of the Juvenile
Probation Department and Kerr County Juvenile Facility, a Texas county owned and operated
facility, hereinafter called Service Agency, agree as follows:
L PROVLSION OF SERVICES
The Service Agency shall provide the following professional services, for children placed
for services by the El Paso County Juvenile Probation Department:
A. The Service Agency shall provide necessary residential services including, but not
limited to, food, shelter, clothing and supervision;
B. The Service Agency shall provide necessary counseling services including, but not
limited to, individual, group and family/parental involvement;
C. The Service Agency shall provide within the limits of state and federal law, access
to a free appropriate public education and related services through the local public
school district.
D. The Setvice Agency is under no obligation to accept a client who is deemed
inappropriate for placement in the program by the Service Agency.
E. Each Client placed with the Service Agency shall have a written ChildlFamily
Service Plan (CFSP), developed in concert with the client and mutually agreed upon
by the appropriate Service Agency Staff and Supervising Juvenile Probation Officer
prior to placement, identifying how the nine (9) domains pertains to the child.
F. The CFSP shall be reviewed jointly by the appropriate Service Agency staff, the
child and the Supervising Juvenile Probation Officer at reasonable intervals, not to
exceed ninety (90) days, to assess the client's progress with modification of the
CFSP being made when indicated.
Service Agency shall complete the Review of Child/Family Service Plan
(Exhibit A) and forward it to the Supervising Juvenile Probation Officer
every ninety (90) days. Failure to comply with this provision will result in
withholding payment.
2. The child's progress shall be assessed on each identified goal(s) pertaining
to the child within the nine (9) domains listed in (Exhibit A.)
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3. Outcome Measurement: Service Agency warrants improvement in fifty
percent (50%) or more of the identified goal(s) pertaining to the child, as
measured by a positive rating (+1, +2, +3) on a six (6) point scale: (-2, -1, 0,
+1, +2, +3) during the ninety (90) day monitoring period. To be measured as
follows:
(A) +3 Goal achieved and maintained
(B) +2 Substantial improvement in behavior identified in the goal
(C) +1 Some improvement in behavior identified in the goal
(D) 0 No decline or improvement in behavior identified in the goal
(E) -1 Some worsening in behavior identified in the goal
(F) -2 Substantial worsening in behavior identified in the goal
As per 1 TAC § 351.13(e)(1)
4. The Service Agency shall provide each child's Probation Officer with a
written report of the child's progress on a monthly basis (Exhibit B). Failure
to comply with this provision will result in withholding of payment.
G. The CFSP shall contain the reasons why the placement will benefit the client and
specify behavior goals and objectives as they pertain to the nine (9) domains being
sought for each client. Included shall be how the goals and objectives are to be
achieved in the Service Agency placement.
H. Copies of the original CFSP and the periodic reviews are to be maintained by the
Service Agency and the County Placement Officer.
I. The Service Agency shall ensure that, before a child is permitted to participate in a
furlough home visit, or extended agency trip, a court order has been obtained from
the 65 Judicial District Court approving the child's absence for the appropriate
length of time.
J. The Service Agency shall ensure that unless otherwise stipulated by the County, the
child may visit freely with parent(s) and relatives at the home in accordance with
established Service Agency policies.
K The Service Agency shall ensure that suspected or alleged cases of child abuse or
neglect are immediately reported to the Program Specialist, and the Texas
Departnent of Family and Protective Services Abuse and Neglect Hotline 1-800-
252-5400 or fax the information to 1-800-832-2090.
The Service Agency shall also ensure that all of their paid, volunteer and intern staff
are trained to properly identify child physical, emotional, sexual abuse and neglect
and to follow the appropriate reporting procedures to the Texas Department of
Family and Protective Services, Abuse and Neglect Hotline 1-800-252-5400 or fax
the information to 1-800-832-2090.
L. If a child in placement at a Service Agency makes an unauthorized departure,
becomes seriously ill, is involved in an accident of a serious nature, the Service
Agency shall notify the child's Probation Officer and the Program Specialist
immediately and ensure that the parents and proper authorities are notified,
including the Texas Department of Family and Protective Services, Abuse and
Neglect Hotline at 1-800-252-5400 or fax the information to 1-800-832-2090.
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M. 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 El Paso County Juvenile Probation Department designated
Transportation Officer without the express written consent of the County.
N. Upon successful completion of the program, a Discharge Plan to include but not
limited to school records, school withdrawal form and Community Improvement
Program hours form, needs to be provided to the supervising probation officer at
least fourteen (14) calendar days prior to the date of successful discharge. Should a
juvenile be negatively discharged, a Discharge Plan to include but not limited to
school records, school withdrawal form and Community Improvement Program
hours form, must accompany the juvenile at the time of transport to the El Paso
County Juvenile Detention Center. Failure to comply with this provision will result
in withholding of payment.
O. If the juvenile is currently prescribed medication and is discharged from the facility,
the Service Agency will send enough of the medication to cover thirty (30) days or
will send a new prescription with the juvenile subject to physician approval.
Failure to comply with this provision will result in withholding of payment.
P. Elieibility to Receive Payment on State. Contracts
Under Texas Family Code §231.006, the Service Agency certifies that the
individual or business entity named in this agreement is not ineligible to receive the
specified grant, loan or payment and acknowledges that this agreement may be
terminated and payment may be withheld if this certificate is inaccurate.
Q. The Service Agency shall utilize generally accepted accounting principles and
account separately for the receipt and expenditure of any and all funds received
pursuant to this agreement.
II. PAYMENT FOR SERVICES
a. For and in consideration of the above mentioned services, the County agrees to pay
the Service Agency from current revenues available the following amounts:
Service Level
Tempe of Facility
Daily Rates
1. Basic Service Level
2. Moderate Service Level
Child Placing Agency
Facility
Child Placing Agency
Facility
3. Specialized Service Level Child Placing Agency
Facility
4. Intense Service Level
5. Emergency Shelter
Child Placing Agency
Facility
Child Placing Agency
$36.00
$36.00
$65.50
$80.00
$87.25
$115.00
$202.00
$202.00
$65.50
$94.00
Resid Template 04-OS
JPD agrees to pay the facility based on the Texas Department of Family and
Protective Services (TDFPS) service levels (SL) as currently effective or
subsequently amended by TDFPS.
B. The Service Agency shall submit an invoice to the County for services on a
monthly basis. Each billing shall contain the name of the client or clients for whom
payment is being requested and will list the established Service Levels ,along with
the number of days (stated consecutively) for which payment is requested. Payment
of said invoice shall be made within thirty (30) days of receipt by the County.
1. This Agreement is conditional upon, subject to and contingent upon receipt of
adequate Federal and/or State funding to meet the liabilities of this agreement.
Contractor shall have no cause of action against JPD in the event JPD is unable
to perform its obligations pursuant to this Agreement as a result of suspension,
termination, withdrawal or failure of Federal and/or State funding to JPD. JPD
will notify Service Agency immediately upon receiving notification that
funding is no longer available.
C. Recognizing that 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, 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. The Service Agency is under no obligation to retain space for the client in an
unauthorized departure situation. However, in no event shall the County pay for the
days when clients were absent without authorization, but no space in the program
was retained for such absent client(s) by the Service Agency. The County must be
informed in writing if and for how long the Service Agency intends to retain space
for such an absent client, and the County may decline in writing all or part of the
period for which the Service Agency intends to retain the space.
E. Service Agency shall complete and submit Medicaid Application upon initial date
of placement. Service Agency is responsible for filing Medicaid paperwork within
the mandatorylspecified time frames. The El Paso County Juvenile Probation
Department will not subsidize Medicaid payments.
F. Prior written authorization by the El Paso County Chief Juvenile Probation Officer,
or his designee shall be obtained for any and all dental and medical services
provided by the Service Agency. Exception to prior approval is hereby granted if it
is medically determined that dental and/or medical services are required due to an
emergency involving an immediate danger to the health and safety of the client.
Dental and medical services shall be reimbursed by Texas Medicaid for eligible
children in eligible settings. Should medical service not meet Medicaid eligibility
the County of El Paso upon submission of an invoice for pre-authorized or
emergency services, will reimburse the service provider.
G. This Agreement is conditional upon, subject to and contingent upon receipt of
adequate Federal and/or State funding to meet the liabilities of this Agreement.
Contractor shall have no cause of action against JPD in the event JPD is unable to
Resid Template 04-OS 4
perform its obligations pursuant to this Agreement as a result of suspension,
termination, withdrawal or failure of Federal and/or State funding to JPD.
1. Contractor understands that acceptance of funds under this contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency,
to conduct an audit or investigation with those funds. Contractor further agrees to
cooperate fully with the State Auditor's Office or its successor in the conduct of the
audit or investigation, including providing all records requested. Contractor will
ensure that this clause concerning the authority to audit funds received indirectly by
subcontractors through Contractor and the requirement to cooperate is included in
any subcontract it awazds.
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. The examination and evaluation of the program will include
unscheduled site visitations and observations of programs in operation.
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 E1 Paso County and the State of
Texas; books, documents and other evidence pertaining to the cost and expenses of
this contract, hereinafter called Records. Contractor shall maintain separate
accounting records designating receipt and expenditure of State funds.
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 is later.
E. Sanctions: JPD shall conduct monitoring and evaluation of the performances of
the Contractor or any subcontractor rendered pursuant to the contract every six
months through use of the Private Service Provider Contractual monitors and
Evaluation Report. (Exhibit C.) JPD will notify the Contractor in writing of any
deficiencies noted during such monitoring and may initiate the withholding
suspension or reduction of payments as appropriate, based upon such monitoring,
1. As determined in the reasonable judgment of the Juvenile Probation
Department, failure of Contractor to comply with any provisions of this
agreement or a failure to achieve set goals and/or outcomes or failure of the
Contractor to properly administer subcontracts and take appropriate corrective
action in the event of violations by subcontractors may be considered a material
breach of this contract and may result in withholding, suspension, or reduction
in payments or in immediate termination of this agreement as well as refund of
payments made pursuant to paragraph Il B. Contractor may be ineligible to
receive future contracts.
Resid Template 04-OS 5
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 or 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/federal 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.
V. EQUAL OPPORTUNTTY
A. Contractor certifies that it will comply fully with the non-discrimination and equal
opportunity provisions of Title VII of the Civil Rights Act of 1964, as amended;
section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination
Act of 1975, as amended; the American with Disabilities Act of 1990, as amended;
and with all applicable requirements imposed by or pursuant to regulations that
implement those laws.
B. Service Agency agrees that it will not engage in any religious indoctrination or
require any of the children placed with the agency under this contract to participate
in any religious activity. Service Agency further agrees that it will not impose any
sanctions or deny any benefits to any children placed with the agency under this
contract solely on account of the child's religious beliefs or because the child does
not participate in religious activities. Service Agency further agrees that it will not
engage in any activity with respect to the children placed with the agency under this
contract that would constitute an establishment of religion or in any manner violate
the rights of the children to religious freedom under the First Amendment of the
United States Constitution.
VI. TERM AND TERMINATION
A. Regazdless of date of execution this agreement shall be effective June 14, 2005 and
shall continue until August 31, 2005.
B. JPD and Contractor may mutually agree to terminate this Agreement at any time by
giving 30 day written notice to terminate. Service Agency may terminate this
agreement without cause by giving thirty (30) days written notice to terminate. The
County may terminate this agreement without cause by giving thirty (30) days
written notice to terminate. The County may terminate this agreement without
notice immediately in the event the Contractor fails to comply with any provision of
this agreement. Service Agency shall cease to incur costs associated with this
agreement upon termination or receipt of written notice to terminate, whichever
occurs first.
Resid Template 04-OS
Notice Shall Be Mailed To JPD: Alberto Alvarez, Jr.,Chief
Juvenile Probation Officer
6400 Delta Drive
El Paso, TX 79905-5408
To Contractor: Name
Title
Address
VII. LAW AND VENUE
In any legal action arising under this contract, the laws of Texas shall apply and venue shall
be in El Paso County.
VIII. 1NDEMI3ITY, INSURANCE AND CERTIFICATION
A. Service Agency shall indemnify and hold harmless, the County, its agents, Officer,
employees and public officials, from any and all injury and damage to persons or
property caused by the negligent or intentional acts or omissions of agency, its
agents, employees, patients, clients and invitees, including the negligent supervision
of any person residing at or participating at its facility or in any of its programs to
the extent allowed by law.
B. Service Agency shall purchase at its own expense, commercial public liability
insurance in a general aggregate limit of not less than $ 300,000.00 for personal
injury and $ 100,000.00 for property damage. Such policies shall be with an
insurance company licensed to do business or admitted on a surplus lines basis in
Texas and shall be satisfactory to the County. All of said insurance policies shall
name the County, its officers, employees and the EI Paso County Juvenile Board as
additional insured and Shall provide that the County shall be given at least thirty
(30) days advanced written notice of any lapse, amendment or cancellation. See
Attached "General Liability Coverage Document Declarations". It is agreed
that the Service Agency's general liability coverage document declarations
shall suffice to satisfy the insurance and certificates requirements.
C. Service Agency shall maintain at its own expense, malpractice insurance with a
policy limit of not less than $ 300,000.00. Such policy shall be with an insurance
company licensed to do business or admitted on a surplus lines basis in Texas and
shall be satisfactory to the County. All of said insurance policies shall name the
County, its' officers, employees and the El Paso County Juvenile Board as
additional insured and shall provide that the County shall be given at least thirty
(30) days advanced written notice of any lapse, amendment or cancellation. See
Attached "General Liability Coverage Document Declarations". It is agreed
that the Service Agency's general Liability coverage document declarations
shall suffice to satisfy the insurance and certificates requirements.
D. Service Agency warrants that it and its individual providers are certified, approved
or licensed by all Federal, State or local agencies or departments which have
jurisdiction to regulate any activity performed in or by a child residential treatment
Resid Template 04-OS '1
facility. Proof of such certification, approval or license shall be provided to the EI
Paso County Juvenile Probation Department within ten (10) days of execution of
IX.
this agreement.
MISCELLANEOUS
A. Independent Contractor. Nothing in this contract shall be construed as creating the
relationship of employer and employee between the County and the Service
Agency. The Service Agency shall be deemed at all times to be an independent
contractor.
B. Assignment, The Service Agency shall not sell, assign, convey or otherwise
transfer any rights or obligations under this contract without prior written consent of
the County.
C. Complete Agreement. This written contract expresses the entire agreement between
the parties and shall not be amended except by written instrument signed by both
parties.
IN WITNESS WHEREOF, the parties execute this agreement on the 14th day of
June 200 5
ATTEST:
County Clerk
Approved as to form:
Assistant County Attorney
Approved as to content:
udge
~ ~~~/~ s-
pate T
THE COUNTY OF EL PASO
County Judge Dolores Briones
Date
Agency Name: Kerr County
Juvenile Facility
Director
Date
(Signer must have legal authority to
bind Corporation)
Resid Template 04-OS
THE STATE OF TEXAS
RESIDENTIAL TEMPLATE
COUNTY OF EL PASO
KERR COUNTY JUVENILE FACILITY
CONTRACT FOR RESIDENTIAL SERVICES
In accordance with the provisions set forth herein, the County of EI Paso on behalf of the Juvenile
Probation Department and Kerr County Juvenile Facility, a Texas county owned and operated
facility, hereinafter called Service Agency, agree as follows:
I. PROVISION OF SERVICES
The Service Agency shall provide the following professional services, for children placed
for services by the El Paso County Juvenile Probation Department:
A. The Service Agency shall provide necessary residential services including, but not
limited to, food, shelter, clothing and supervision;
B. The Service Agency shall provide necessary counseling services including, but not
limited to, individual, group and familylparental involvement;
C. The Service Agency shall provide within the limits of state and federal law, access
to a free appropriate public education and related services through the local public
school district.
D. The Service Agency is under no obligation to accept a client who is deemed
inappropriate for placement in the program by the Service Agency.
E. Each Client placed with the Service Agency shall have a written Child/Family
Service Plan (CFSP), developed in concert with the client and mutually agreed upon
by the appropriate Service Agency Staff and Supervising Juvenile Probation Officer
prior to placement, identifying how the nine (9) domains pertains to the child.
F. The CFSP shall be reviewed jointly by the appropriate Service Agency staff, the
child and the Supervising Juvenile Probation Officer at reasonable intervals, not to
exceed ninety (90) days, to assess the client's progress with modification of the
CFSP being made when indicated.
1. Service Agency shall complete the Review of Child/Family Service Plan
(Exhibit A) and forward it to the Supervising Juvenile Probation Officer
every ninety (90) days. Failure to comply with this provision will result in
withholding payment.
2. The child's progress shall be assessed on each identified goal(s) pertaining
to the child within the nine (9) domains listed in (Exhibit A.)
Resid Template 04-OS
3. Outcome Measurement: Service Agency warrants improvement in fifty
percent (50%) or more of the identified goal(s) pertaining to the child, as
measured by a positive rating (+l, +2, +3) on a six (6) point scale: (-2, -1, Q
+1, +2, +3) during the ninety (90) day monitoring period. To be measured as
follows:
(A) +3 Goal achieved and maintained
(B) +2 Substantial improvement in behavior identified in the goal
(C) +l Some improvement in behavior identified in the goal
(D) 0 No decline or improvement in behavior identified in the goal
(E) -1 Some worsening in behavior identified in the goal
(F) -2 Substantial worsening in behavior identified in the goal
As per 1 TAC § 351.13(e)(1)
4. The Service Agency shall provide each child's Probation Officer with a
written report of the child's progress on a monthly basis (Exhibit B). Failure
to comply with this provision will result in withholding of payment.
G. The CFSP shall contain the reasons why the placement will benefit the client and
specify behavior goals and objectives as they pertain to the nine (9) domains being
sought for each client. Included shall be how the goals and objectives are to be
achieved in the Service Agency placement.
H. Copies of the original CFSP and the periodic reviews are to be maintained by the
Service Agency and the County Placement Officer.
I. The Service Agency shall ensure that, before a child is permitted to participate in a
furlough, home visit, or extended agency trip, a court order has been obtained from
the 65 Judicial District Court approving the child's absence for the appropriate
length oftime.
J. The Service Agency shall ensure that unless otherwise stipulated by the County, the
child may visit freely with parent(s) and relatives at the home in accordance with
established Service Agency policies.
K. The Service Agency shall ensure that suspected or alleged cases of child abuse or
neglect are immediately reported to the Program Specialist, and the Texas
Department of Family and Protective Services Abuse and Neglect Hotline 1-800-
252-5400 or fax the information to 1-800-832-2090.
The Service Agency shall also ensure that all of their paid, volunteer and intern stall'
are trained to properly identify child physical, emotional, sexual abuse and neglect
and to follow the appropriate reporting procedures to the Texas Department of
Family and Protective Services, Abuse and Neglect Hotline 1-800-252-5400 or fax
the information to 1-800-832-2090.
L. If a child in placement at a Service Agency makes an unauthorized departure,
becomes seriously ill, is involved in an accident of a serious nature, the Service
Agency shall notify the child's Probation Officer and the Program Specialist
immediately and ensure that the parents and proper authorities are notified,
including the Texas Department of Family and Protective Services, Abuse and
Neglect Hotline at 1-800-252-5400 or fax the information to 1-800-832-2090.
Resid Template 04-OS
M. 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 El Paso County Juvenile Probation Department designated
Transportation Officer without the express written consent of the County.
N. Upon successful completion of the program, a Discharge Plan to include but not
limited to school records, school withdrawal form and Community Improvement
Program hours form, needs to be provided to the supervising probation officer at
least fourteen (14) calendar days prior to the date of successful discharge. Should a
juvenile be negatively discharged, a Discharge Plan to include but not limited to
school records, school withdrawal form and Community Improvement Program
hours form, must accompany the juvenile at the time of transport to the El Paso
County Juvenile Detention Centex. Failure to comply with this provision will result
in withholding of payment.
O. If the juvenile is currently prescribed medication and is discharged from the facility,
the Service Agency will send enough of the medication to cover thirty (30) days or
will send a new prescription with the juvenile subject to physician approval.
Failure to comply with this provision will result in withholding of payment.
P. Elieibility to Receive Payment on State Contracts
Under Texas Family Code §231.006, the Service Agency certifies that the
individual or business entity named in this agreement is not ineligible to receive the
specified grant, loan or payment and acknowledges that this agreement may be
terminated and payment may be withheld if this certificate is inaccurate.
Q, The Service Agency shall utilize generally accepted accounting principles and
account separately for the receipt and expenditure of any and all funds received
pursuant to this agreement.
II. PAYMENT FOR SERVICES
p. For and in consideration of the above mentioned services, the County agrees to pay
the Service Agency from current revenues available the following amounts:
Service Levet
Tie of Facility
Daily Rates
1. Basic Service Level
Child Placing Agency
Facility
2. Moderate Service Level Child Placing Agency
Facility
3. Specialized Service Level Child Placing Agency
Facility
4. Intense Service Level
5. Emergency Shelter
Child Placing Agency
Facility
Child Placing Agency
$36.00
$36.00
$65.50
$80.00
$87.25
$115.00
$202.00
$202.00
$65.50
$94.00
Resid Template 04-OS
JPD agrees to pay the facility based on the Texas Department of Family and
Protective Services (TDFPS) service levels (SL) as currently effective or
subsequently amended by TDFPS.
B. The Service Agency shall submit an invoice to the County for services on a
monthly basis. Each billing shall contain the name of the client or clients for whom
payment is being requested and will list the established Service Levels ,along with
the number of days (stated consecutively) for which payment is requested. Payment
of said invoice shall be made within thirty (30) days of receipt by the County.
1. This Agreement is conditional upon, subject to and contingent upon receipt of
adequate Federal and/or State funding to meet the liabilities of this agreement.
Contractor shall have no cause of action against 3PD in the event 7PD is unable
to perform its obligations pursuant to this Agreement as a result of suspension,
termination, withdrawal or failure of Federal and/or State funding to JPD. JPD
will notify Service Agency immediately upon receiving notification that
funding is no longer available.
C. Recognizing that 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, 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. The Service Agency is under no obligation to retain space for the client in an
unauthorized departure situation. However, in no event shall the County pay for the
days when clients were absent without authorization, but no space in the program
was retained for such absent client(s) by the Service Agency. The County must be
informed in writing if and for how long the Service Agency intends to retain space
for such an absent client, and the County may decline in writing all or part of the
period for which the Service Agency intends to retain the space.
E. Service Agency shall complete and submit Medicaid Application upon initial date
of placement. Service Agency is responsible for filing Medicaid paperwork within
the mandatory/specified time frames. The El Paso County Juvenile Probation
Department will not subsidize Medicaid payments.
F. Prior written authorization by the EI Paso County Chief Juvenile Probation Officer,
or his designee shall be obtained for any and all dental and medical services
provided by the Service Agency. Exception to prior approval is hereby granted if it
is medically determined that dental and/or medical services are required due to an
emergency involving an immediate danger to the health and safety of the client.
Dental and medical services shall be reimbursed by Texas Medicaid for eligible
children in eligible settings. Should medical service not meet Medicaid eligibility
the County of El Paso upon submission of an invoice for pre-authorized or
emergency services, will reimburse the service provider.
G. This Agreement is conditional upon, subject to and contingent upon receipt of
adequate Federal and/or State funding to meet the liabilities of this Agreement.
Contractor shall have no cause of action against JPD in the event JPD is unable to
Resid Template 04-OS 4
perform its obligations pursuant to this Agreement as a result of suspension,
termination, withdrawal or failure of Federal and/or State funding to JPD.
1. Contractor understands that acceptance of funds under this contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency,
to conduct an audit or investigation with those funds. Contractor further agrees to
cooperate fully with the State Auditor's Office or its successor in the conduct of the
audit or investigation, including providing all records requested. Contractor will
ensure that this clause concerning the authority to audit funds received indirectly by
subcontractors through Contractor and the requirement to cooperate is included in
any subcontract it awards.
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. The examination and evaluation of the program will include
unscheduled site visitations and observations of programs in operation.
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 EI Paso County and the State of
Texas; books, documents and other evidence pertaining to the cost and expenses of
this contract, hereinafter called Records. Contractor shall maintain separate
accounting records designating receipt and expenditure of State funds.
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 is later.
E. Sanctions: JPD shall conduct monitoring and evaluation of the performances of
the Contractor or any subcontractor rendered pursuant to the contract every six
months through use of the Private Service Provider Contractual monitors and
Evaluation Report. (Exhibit C.) JPD will notify the Contractor in writing of any
deficiencies noted during such monitoring and may initiate the withholding
suspension or reduction of payments as appropriate, based upon such monitoring,
1. As determined in the reasonable judgment of the Juvenile Probation
Deparhnent, failure of Contractor to comply with any provisions of this
agreement or a failure to achieve set goals andlor outcomes or failure of the
Contractor to properly administer subcontracts and take appropriate corrective
action in the event of violations by subcontractors may be considered a material
breach of this contract and may result in withholding, suspension, or reduction
in payments or in immediate termination of this agreement as well as refund of
payments made pursuant to paragraph II B. Contractor may be ineligible to
receive future contracts.
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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 or 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/federal 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.
V. EQUAL OPPORTUNITY
A. Contractor certifies that it will comply fully with the non-discrimination and equal
opportunity provisions of Title VII of the Civil Rights Act of 1964, as amended;
section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination
Act of 1975, as amended; the American with Disabilities Act of 1990, as amended;
and with all applicable requirements imposed by or pursuant to regulations that
implement those laws.
B. Service Agency agrees that it will not engage in any religious indoctrination or
require any of the children placed with the agency under this contract to participate
in any religious activity. Service Agency further agrees that it will not impose any
sanctions or deny any benefits to any children placed with the agency under this
contract solely on account of the child's religious betiefs or because the child does
not participate in religious activities. Service Agency further agrees that it will not
engage in any activity with respect to the children placed with the agency under this
contract that would constitute an establishment of religion or in any manner violate
the rights of the children to religious freedom under the First Amendment of the
United States Constitution.
VI. TERM AND TERMINATION
A, Regardless of date of execution this agreement shall be effective June 14, 2005 and
shall continue until August 31, 2005.
B, JPD and Contractor may mutually agree to terminate this Agreement at any time by
giving 30 day written notice to terminate. Service Agency may terminate this
agreement without cause by giving thirty (30) days written notice to terminate. The
County may terminate this agreement without cause by giving thirty (30) days
written notice to terminate. The County may terminate this agreement without
notice immediately in the event the Contractor fails to comply with any provision of
this agreement. Service Agency shall cease to incur costs associated with this
agreement upon termination or receipt of written notice to terminate, whichever
occurs first.
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Notice Shall Be Mailed To 7PD:
To Contractor:
VII. LAW AND VENUE
Alberto Alvarez, Jr.,Chief
Juvenile Probation Officer
6400 Delta Drive
El Paso, TX 79905-5408
Name
Title
Address
In any legal action arising under this contract, the laws of Texas shall apply and venue shall
be in EI Paso County.
VIII. INDEMNITY, INSURANCE AND CERTIFICATION
A. Service Agency shall indemnify and hold harmless, the County, its agents, Officer,
employees and public officials, from any and all injury and damage to persons or
property caused by the negligent or intentional acts or omissions of agency, its
agents, employees, patients, clients and invitees, including the negligent supervision
of any person residing at or participating at its facility or in any of its programs to
the extent allowed by law.
B. Service Agency shall purchase at its own expense, commercial public liability
insurance in a general aggregate limit of not less than $ 300,000.00 for personal
injury and $ 100,000.00 for property damage. Such policies shall be with an
insurance company licensed to do business or admitted on a surplus lines basis in
Texas and shall be satisfactory to the County. All of said insurance policies shall
name the County, its officers, employees and the EI Paso County Juvenile Board as
additional insured and Shall provide that the County shall be given at least thirty
(30) days advanced written notice of any lapse, amendment or cancellation. See
Attached "General Liability Coverage Document Declarations". It is agreed
that the Service Agency's general liability coverage document declarations
shall suffice to satisfy the insurance and certificates requirements.
C. Service Agency shall maintain at its own expense, malpractice insurance with a
policy limit of not less than $ 300,000.00. Such policy shall be with an insurance
company licensed to do business or admitted on a surplus lines basis in Texas and
shall be satisfactory to the County. All of said insurance policies shall name the
County, its' officers, employees and the El Paso County Juvenile Board as
additional insured and shall provide that the County shall be given at least thirty
(30) days advanced written notice of any lapse, amendment or cancellation. See
Attached "General Liability Coverage Document Declarations". It is agreed
that the Service Agency's general liability coverage document declarations
shall suffice to satisfy the insurance and certificates requirements.
D. Service Agency warrants that it and its individual providers are certified, approved
or licensed by all Federal, State or local agencies or departments which have
jurisdiction to regulate any activity performed in or by a child residential treatment
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facility. Proof of such certification, approval or license shall be provided to the El
Paso County Juvenile Probation Department within ten (10) days of execution of
this agreement.
IX. MISCELLANEOUS
A. Independent Contractor. Nothing in this contract shall be construed as creating the
relationship of employer and employee between the County and the Service
Agency. The Service Agency shall be deemed at all times to be an independent
contractor.
B. Assignment. The Service Agency shall not sell, assign, convey or otherwise
transfer any rights or obligations under this contract without prior written consent of
the County.
C. Complete Agreement. This written contract expresses the entire agreement between
the parties and shall not be amended except by written instrument signed by both
parties.
IN WITNESS WHEREOF, the parties execute this agreement on the 14th day of
June 200 5
ATTEST:
County Clerk
Approved as to form:
Assistant County Attorney
Approved as to content:
~~e~z u ge _._
~ ~ i ~/~.~
Date r
TIC COUNTY OF EL PASO
County Judge Dolores Briones
Date
Agency Name: Kerr County
Juvenile Facility
Director
Date
(Signer must have legal authority to
bind Corporation)
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