ORDER NO. 30389 CONTRACTS FOR NURSING SERVICES Came to be heard this the 23rd day of July, 2007, with a motion trade by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the Contracts for nursing services between C. Burkett and W. Brown with the Kerr County Juvenile Detention Center, and authorize County Judge to sign same. ~v ~ ~~ J . 3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Kevin Stanton OFFICE: KCJF MEETING DATE: 07-23-07 TIME PREFERRED: SUBJECT: Consider, discuss.. and take appropriate action on approving Contracts for nursing services between C. Burkett and W. Brown with the Kerr County Juvenile Detention Center. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Kevin Stanton ESTIMATED LENGTH OF PRESENTATION: 2 minutes 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: 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 prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. CONTRACT FOR HEALTH SERVICES This Agreement is made on this the _19th ,day of _July, 2007_ by and between Kerr County Juvenile Detention Facility(KCJDF) and Wanda Brown_ ,herein after referred to as Provider. Whereas, _Wanda Brown_(Provider) is licensed as a registered nurse in the State of Texas, is not on probation or under other disciplinary restrictions, is covered by malpractice insurance, and is suitable to provide all medical services authorized under said license for juveniles housed in KCJDF; Now, therefore, the parties agree as follows: ARTICLE I PURPOSE: The purpose of the contract is to provide health services to juveniles detained at the KCJDF located in Kerr County, Texas. ARTICLE II TERM: The term of this contract is for a one year period commencing on above date when endorsed and maybe terminated by either party in writing with thirty days notice. If the KCJDF determines that Provider has breached this Agreement, the KCJDF may, at the KCJDF's sole discretion, request corrective action from Provider prior to initiating termination of this agreement. If Provider indicates an unwillingness to take corrective action, the KCJDF may terminate this agreement with twenty-four hours notice. The date of commencement of the term of said agreement may be modified by agreement of the parties. ARTICLE III SERVICES: Provider agrees to administer and provide all medical services allowed by law; including but not limited to medical screening, physician referrals, administering medications, documenting medical services, conducting health related education programs to juveniles and staff, conducting medication administration training for staff, administering annual TB tests on all staff, providing medical services under physician's orders, ordering medical confinement, and inspecting and maintaining medication cart and logs to ensure compliance that medications are dispensed as ordered. Provider shall report findings to KCJDF Health Services Coordinator. Provider shall immediately report any signs of abuse or neglect to KCJDF facility manager and any other agency required by law. ARTICLE IV COMPENSATION: In full and complete consideration for health services provided under this contract, Provider shall be compensated at the rate of Thirty-five dollars per hour. Provider shall provide to KCJDF health services coordinator a detailed monthly invoice with dates, name of patient or service, and time spent on such service. KCJDF shall review Provider's invoice in a timely manner and submit such invoice for payment pursuant to County policy and procedures. ARTICLE V CONFIDENTIALITY: Each party agrees to maintain all juvenile information confidential and shall not disclose such information except as allowed by Federal and State law. ARTICLE VI RELATIONSHIP: It is understood and agreed that the Provider is not an employee of the KCJDF. The parties agree that this contract is for the provision of the medical services described herein and hereby renounce the existence of any other relationship. In no event. shall the KCJDF have any obligation or liability whatsoever with respect to any debts, obligations or liabilities of Provider, and Provider shall have no authority to bind KCJDF to any contract, matter or obligation. Provider agrees to hold KCJDF harmless for any potential liability Provider incurs providing services of this contract. It is understood that Provider is sub-contractor only and the County is not bound or obligated to any benefits or services reserved for employees of the County. ARTICLE VII NON-EXCLUSION: This contract is not exclusive and KCJDF reserves the right to contract with additional parties for the provision of the aforementioned services to the KCJDF. ARTICLE VIII GOVERNING LAW: This contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas. This contract shall be enforceable in Kerr County, Texas and venue shall lie in Kerr County, Texas. ARTICLE IX SEVERABILITY: If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or condition to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this contract shall be valid and shall be enforced to the fullest extent permitted by law. ARTICLE X NOTICES: Any notice or communication hereunder must be in writing, and may be given by registered or certified mail; if given be registered or certified mail, same shall be deemed to have been given and received when registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail; and if given otherwise than by registered or certified mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. It is agreed each party shall provide a current address to the other and shall promptly notify the other party of any change thereof. ARTICLE XI ENTIRE AGREEMENT: This contract is a total and complete integration of any and all undertakings existing between the parties hereto and supercedes any prior oral or written agreements, promises or representations between them. The headings of various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation of the provisions of this contract. KERR COUNTY JUVENILE DETENTION FACILITY ~- By. Kerr County Judge Date: HEALTH SERVICES PROVIDER By: Date: Address: CONTRACT FOR HEALTH SERVICES This Agreement is made on this the _19th ,day of _July, 2007_ by and between Kerr County Juvenile Detention Facility(KCJDF) and Wanda Brown ,herein after referred to as Provider. Whereas, _Wanda Brown_(Provider} is licensed as a registered nurse in the State of Texas, is not on probation or under other disciplinary restrictions, is covered by malpractice insurance, and is suitable to provide all medical services authorized under said license for juveniles housed in KCJDF; Now, therefore, the parties agree as follows: ARTICLE I PURPOSE: The purpose of the contract is to provide health services to juveniles detained at the KCJDF located in Kerr County, Texas. ARTICLE II TERM: The term of this contract is for a one year period commencing on above date when endorsed and may be terminated by either party in writing with thirty days notice. If the KCJDF determines that Provider has breached this Agreement, the KCJDF may, at the KCJDF's sole discretion, request corrective action from Provider prior to initiating termination of this agreement. If Provider indicates an unwillingness to take corrective action, the KCJDF may terminate this agreement with twenty-four hours notice. The date of commencement of the term of said agreement maybe modified by agreement of the parties. ARTICLE III SERVICES: Provider agrees to administer and provide all medical services allowed by law; including but not limited to medical screening, physician referrals, administering medications, documenting medical services, conducting health related education programs to juveniles and staff, conducting medication administration training for staff, administering annual TB tests on all staff, providing medical services under physician's orders, ordering medical confinement, and inspecting and maintaining medication cart and logs to ensure compliance that medications are dispensed as ordered. Provider shall report findings to KCJDF Health Services Coordinator. Provider shall immediately report any signs of abuse or neglect to KCJDF facility manager and any other agency required by law. ARTICLE IV COMPENSATION: In full and complete consideration for health services provided under this contract, Provider shall be compensated at the rate of Thirty-five dollars per hour. Provider shall provide to KCJDF health services coordinator a detailed monthly invoice with dates, name of patient or service, and time spent on such service. KCJDF shall review Provider's invoice in a timely manner and submit such invoice for payment pursuant to County policy and procedures. ARTICLE V CONFIDENTIALITY: Each party agrees to maintain all juvenile information confidential and shall not disclose such information except as allowed by Federal and State law. ARTICLE VI RELATIONSHIP: It is understood and agreed that the Provider is not an employee of the KCJDF. The parties agree that this contract is for the provision of the medical services described herein and hereby renounce the existence of any other relationship. In no event shall the KCJDF have any obligation or liability whatsoever with respect to any debts, obligations or liabilities of Provider, and Provider shall have no authority to bind KCJDF to any contract, matter or obligation. Provider agrees to hold KCJDF harmless for any potential liability Provider incurs providing services of this contract. It is understood that Provider is sub-contractor only and the County is not bound or obligated to any benefits or services reserved for employees of the County. ARTICLE VII NON-EXCLUSION: This contract is not exclusive and KCJDF reserves the right to contract with additional parties for the provision of the aforementioned services to the KCJDF. ARTICLE VIII GOVERNING LAW: This contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas. This contract shall be enforceable in Kerr County, Texas and venue shall lie in Kerr County, Texas. ARTICLE IX SEVERABILITY: If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or condition to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each .~-- term, covenant or condition of this contract shall be valid and shall be enforced. to the fullest extent permitted by law. ARTICLE X NOTICES: Any notice or communication hereunder must be in writing, and may be given by registered or certified mail; if given be registered or certified mail, same shall be deemed to have been given and received when registered or certified. letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail; and if given otherwise than by registered or certified mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. It is agreed each party shall provide a current address to the other and shall promptly notify the other party of any change thereof. ARTICLE XI ENTIRE AGREEMENT: This contract is a total and complete integration of any and all undertakings existing between the parties hereto and supercedes any prior oral or written agreements, promises or representations between them. The headings of various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation of the provisions of this contract. KERR COUNTY JUVENILE DETENTION FACILITY By: Kerr County Judge Date: HEALTH SERVICES PROVIDER By: Date: Address: