[CIK] 0000914670
[NAME] CORRECTIONAL SERVICES CORPORATION
COMMUNITY CORRECTIONAL FACILITY
CONTRACT FOR SERVICES
FOR
XXXXXX COUNTY COMMUNITY SUPERVISION AND
CORRECTIONS DEPARTMENT
This Operations Agreement (the Agreement), made and entered into by and
between the Xxxxxx County Supervision and Corrections Department,
(DEPARTMENT ), a governmental entity and
Correctional Services, Corporation
Contact Person: Xxxxx X. Xxxxxxxx
0000 Xxxx Xxxxxx
Xxxxxxxx, Xxxxxxx 00000
Office #: (941)953-9199
Fax #: (000)000-0000
hereinafter called "VENDOR" on this first day of September 1997.
ARTICLE I. CONTRACT TERM AND SERVICE PROCEDURES
1.1 Appointment of VENDOR. In accordance with the terms and
conditions set forth herein, and in consideration of the Payments
hereinafter provided, VENDOR is hereby appointed to provide DEPARTMENT,
and VENDOR hereby agrees to furnish to DEPARTMENT, the Services provided
for herein.
1.2 Term. This Agreement provides the basis under which the
DEPARTMENT and the VENDOR may carry out their interrelated activities.
The purpose of this Agreement is to provide for the operation and security
of the Xxxxxx County DWI Substance Abuse Treatment Facility (SMART),
hereinafter referred to as Facility, by the VENDOR. The VENDOR will
provide residential and community correctional supervision services for up
to seventy-six (76) offenders, male and female, hereinafter referred to as
Residents.
1.3 DEPARTMENT Obligations.
a) DEPARTMENT to Provide Facility.
The DEPARTMENT will provide the Facility. The Facility is on a
single campus and in such a manner as to allow the utilization of
resources (e.g., kitchen, dining hall, transportation vehicles, etc.)
while allowing the operation of the program.
b) Compliance With Codes and Standards.
At the time of construction, the facility was constructed to meet
all state, local and generally recognized building and construction codes.
The facility currently meets all standards promulgated by the Community
Justice Assistance Division (CJAD) of the Texas Department of Criminal
Justice (TDCJ). The Department shall obtain all permits and licenses
required by any governmental entity having power to control or regulate
the operation of th Facility unless VENDOR is authorized by the DEPARTMENT
to obtain permits and licenses.
1.4 Fixtures and Equipment. The DEPARTMENT shall provide a complete
facility with all major essential components and systems functioning and in
good repair, such as heating, air conditioning, electrical, plumbing, door,
window and fire alarm systems, internal fixtures, exterior security lighting,
interior emergency lighting, interior security system, telephone system,
all connections to utilities, including water, sewer, electricity, refuse
collection, gas, telephone, etc., entry ways, parking areas, walkways,
Challenge Course grounds, fences, etc.
1.5 Repairs and Maintenance. The DEPARTMENT shall cause the Facility,
as defined above, including all materials and equipment owned and/or
supplied by the DEPARTMENT, to be of a size, quantity, and quality typical
of minimum security correctional institutions and of a sufficient
quality to withstand the wear and tear normally associated with a
community correctional facility.
a) The DEPARTMENT shall ensure that all necessary repairs to
the Facility's foundation, exterior and load bearing walls, roof, and
the heating, cooling, ventilating, plumbing, and electrical systems
are made when said repairs are properly reported by the VENDOR to the
DEPARTMENT as a result of routine preventative maintenance checks conducted
by the VENDOR and are not caused by negligent or willful act(s) or other
activities of residents, or VENDOR staff, or resulting from a failure to
properly supervise and/or manage VENDOR staff and/or provide positive
correctional custody, control, and supervision of the resident population
assigned to the Facility The VENDOR s Facility Administrator will
coordinate all Facility maintenance activity. The DEPARTMENT is not
responsible for the replacement, betterment, and/or improvements to the
Facility, as defined above, or the equipment provided by the DEPARTMENT.
b) The VENDOR shall perform or provide for the performance of all
preventative maintenance on all Facility property and equipment provided
for and/or associated directly with the correctional custody, control,
and supervision of the residents and the supervision and management of
VENDOR staff. Additionally, the VENDOR shall maintain all furnishings,
equipment and facility structures in good operating order.
c) The VENDOR shall perform or provide for the performance of all
maintenance and make all repairs to the Facility and its fixtures and
equipment except those repairs and non-operator maintenance to the
Facility s foundation, exterior and load bearing walls, roof, and
components of the Facility s heating, cooling, ventilating, plumbing,
and electrical systems that are not caused by, negligent or willful act(s)
or other activities of residents, or VENDOR staff, or resulting from a
failure to provide positive correctional custody, control, and supervision
of the resident population assigned to the Facility.
d) The VENDOR shall maintain, repair, and replace as necessary
all interior doors, locking devices, all windows, exterior lighting,
and all equipment required, used for, and/or intended to provide
security, surveillance, and the positive correctional control, custody,
and supervision of the resident population assigned to the Facility.
Additionally, the VENDOR shall maintain, repair, and replace as necessary
all facilities, fixtures, and equipment that are provided by and the property
of the DEPARTMENT, used exclusively by VENDOR staff.
e) The VENDOR shall maintain and repair both storage buildings at
their cost. The VENDOR shall be responsible for all grounds maintenance
including upkeep of all landscaped areas, Challenge Course area and future
landscaping/grounds projects at their cost.
f) The VENDOR shall refer to the DEPARTMENT the need for any
goods or services which the DEPARTMENT is responsible for providing.
If the VENDOR incurs costs for such goods or services directly, then
the VENDOR will pay those costs.
1.6 Destruction or Damage to Facility.
a) In the event of the destruction of or damage to the Facility or
any portion thereof to the extent that there is substantial reduction of
the intended operation of the Facility or any component program in the
Facility, the DEPARTMENT shall have the option upon thirty (30) days
written notice from the DEPARTMENT to the VENDOR to suspend VENDOR's
operations and compensation which are set forth in this agreement or to
negotiate a reduction in services provided by the VENDOR and compensation
to the VENDOR for such a period of time required to restore the Facility
to the capability of its intended operation.. In the event of such
destruction or substantial damage to the Facility, either party shall
have the option to terminate this Agreement upon thirty (30) days written
notice to the other party.
1.7 Utilities. The DEPARTMENT shall pay for the use of all
utilities necessary and/or required for the Facility such as electricity,
gas, water, DEPARTMENT telephone service, sewer, waste removal, etc.
1.8 Operation, Management and Supervision Services. VENDOR shall
operate the Facility under the terms and conditions as more fully set
forth below:
a) Compliance.
VENDOR shall use all reasonable efforts to cause its operation of
the Facility to conform with the laws of the State of Texas and with
applicable standards promulgated by the TDCJ-CJAD, and in all material
respects to applicable American Correctional Association (ACA) Standards
for Adult Community Residential Services to the extent VENDOR has the ability
to control such compliance and applicable building and safety codes,
regulations and sanitary and health codes governing like facilities. A
full-time employee of VENDOR will be designated to inspect the Facility
semi-annually for the compliance with applicable codes and regulations.
DEPARTMENT and VENDOR will develop a quarterly contract compliance checklist.
In addition, a quarterly inspection and quarterly compliance report
detailing preventative maintenance activities, staffing levels and staff
training hours and other contractual obligations will be completed. Such
inspections and actions taken, if any, to comply with inspections findings
will be kept on file at the facility and at VENDOR's headquarters, and a
copy shall be promptly sent, subsequent to each inspection, to the
DEPARTMENT Facility Director and DEPARTMENT Manager of Planning and
Community Resources. VENDOR will cooperate fully with the DEPARTMENT
to maintain ACA standards, prepare for ACA accreditation and to comply with
CJAD standards. VENDOR will submit to the DEPARTMENT an ACA accreditation
timeline by the end of the first quarter of FY 1998.
b) Resident Housing Services.
VENDOR shall operate all housing program and work release services.
Work Release verification procedures will be a VENDOR function.
c) Securing Points of Facility Access.
VENDOR shall operate and control all points of facility ingress and
egress.
d) Security and Resident Supervision.
VENDOR shall provide such security and supervision as is required by
CJAD standards and Texas Commission on Alcohol and Drug Abuse (TCADA)
standards, recognized substance abuse treatment standards and by sound
correctional practice to maintain the safety, security and order of the
facility and to protect the safety and well-being of the Residents, staff,
visitors and surrounding community. All residential supervisors shall be
in uniform while on duty.
(i) VENDOR shall ensure that male and female Residents have
separate sleeping quarters, including toilet and shower facilities.
(ii) VENDOR shall ensure an adequate number of female Residents
supervisors to properly supervise female populations. There shall be at
least one female resident supervisor per shift.
(iii) VENDOR shall ensure an adequate number of both female
and xxxx xxxxxxxx supervisors to ensure that Residents shall not be
supervised or escorted by only members of the opposite sex.
(iv) Access to and means for communication by Residents with
their supervision officers, attorney, judge, or the TDCJ-CJAD shall not be
hindered by VENDOR Facility staff.
(v) A permanent log containing information regarding the
transportation of Residents from the Facility to all outside destinations
shall be maintained in written form by VENDOR including (A) name(s) of
resident(s) and driver(s), (B) other staff members accompanying,(C)
destination, (D) vehicle, (E) time of departure, (F) time of return, (G)
purpose of the trip, and (I) any other pertinent information.
(vi) VENDOR will immediately notify the DEPARTMENT's designee of
all incidents or unusual occurrences (including but not limited to use of
force or isolation as a means of controlling Residents) as defined by the
DEPARTMENT and will within 24 hours, furnish written notification to
include documentation of the facts of such incident or occurrence.
(vii) In the event of a disturbance caused by Residents, or
if any security threat or peril, including a resident strike, should occur
within the facility or on its premises, the VENDOR shall notify the
DEPARTMENT Facility Director or Designee immediately. The VENDOR will
develop and implement written policies and procedures and train staff to the
standards of said policies and procedures concerning the use of force.
Under no circumstances is the VENDOR to initiate or participate in the use
or application of deadly force.
Reportable incidents shall include, but not be limited to, the following
listed items:
(aa) Fire;
(bb) Damage to the Facility;
(cc) Injury of a resident/trainee requiring emergency room
treatment;
(dd) Injury of a resident/trainee by another resident/trainee;
(ee) Injury of a resident/trainee by a member of the
Facility Staff;
(ff) Injury of a resident/trainee by a visitor or volunteer;
(gg) Catastrophic failure of key environmental, plumbing,
sanitation, or other vital systems;
(hh) Walk-off, Absconding, or Escape of resident/trainee
from the Facility or work detail;
(ii) Any incident requiring the use of force by Facility
Staff;
(jj) Placement of a resident/trainee in restraints and/or
pre-hearing detention and/or seclusion;
(kk) Any incident deemed reportable by the on-duty
supervisor or any member of his chain of supervision;
(ll) Death of a resident/trainee;
(mm) Collision or other damage involving a DEPARTMENT-owned
motor vehicle and any injury(ies) associated therewith.
(viii) In the event of any such occurrence, VENDOR will, as requested,
cooperate with the DEPARTMENT and any appropriate law enforcement
authorities in restoring order to the Facility.
(ix) The VENDOR shall notify the DEPARTMENT of any act or omission
by a VENDOR employee or agent, which comes to VENDOR s attention, that
violates the law, is unethical, violates the terms of this Agreement, or
in any way adversely impacts or threatens program goals or integrity of
the well-being, program progress or standing, or community supervision and
corrections status of any resident or trainee.
e) Food Service.
VENDOR will provide all Residents assigned to the facility with three
(3) meals per day with at least one of those meals containing fresh
fruit. For work release Residents, sack lunches will be made available
and for off site CSR Residents, sack lunches will be provided by VENDOR.
The meal plan will be approved by a registered dietician and will be
prepared under sanitary conditions and in compliance with applicable state
and local regulations and ACA Standards. All food service employees shall
be in uniforms while on duty.
f) Clothing and Laundry Services.
VENDOR shall provide clothing for all facility Residents. Work
release Residents will only wear facility clothing while at the facility.
Non-work release Residents will wear VENDOR supplied clothing at all times.
VENDOR shall provide on-site laundry services in accordance with ACA
standards for Adult Community Residential Services.
g) Equipment, Material and Supplies.
In addition to other requirements specified in this Agreement for
VENDOR provided equipment, materials, and supplies, VENDOR shall
provide the equipment, materials, and supplies indicated in Exhibit B.
VENDOR shall provide an institutional grade washer and dryer for the
on-site laundry construction. The washer and dryer equipment, upon
installation, will become property of the DEPARTMENT. The VENDOR may
lease coin-operated washers and dryers and telephones for resident and
public use, as well as vending machines for food stuffs for VENDOR and
DEPARTMENT staff and Offenders participating in the Continuing Care
phase of the program. Any profits derived from the leased equipment
mentioned above, shall be designated for a facility equipment/supply
and/or resident recreational fund. Monthly/quarterly reports detailing
the amount of funds deposited/used into/from the Resident Recreational
fund will be forwarded to the DEPARTMENT Facility Director and Manager for
Planning and Community Resources. Any taxes associated with the
aforementioned leased equipment will be the sole responsibility of the
VENDOR. VENDOR will initiate written contracts with any sub-contractor
and will forward copies of all contracts to the DEPARTMENT Manager of
Planning and Community Resources.
h) Safety and Sanitation.
VENDOR shall operate the Facility in a safe and sanitary manner, in
compliance with all applicable health and safety requirements, subject to
the DEPARTMENT s responsibility to maintain the Facility as set forth above.
i) Rehabilitation and Counseling Services.
The VENDOR and the DEPARTMENT jointly shall be responsible for the
orientation of new Residents. The DEPARTMENT shall be responsible
for any and all treatment and counseling services, except to the extent
as expressly provided for below.
j) Facility Rules, Policies and Operational Guidelines.
(i) VENDOR shall establish written policies, procedures and
operation manuals in regard to the facility operation and resident
supervision for which it is responsible pursuant to the terms of this
Agreement and in compliance with state laws and CJAD and ACA standards.
Said written policies will be submitted to the DEPARTMENT for review
and approval prior to implementation. Said written policies, procedures
and operation manuals shall be the property of VENDOR, and shall continue
to be the property of VENDOR.
(ii) The VENDOR will submit proposed policies and procedures and
operations manuals to the DEPARTMENT. In consultation with the DEPARTMENT,
these policies, procedures and operations manuals will be reviewed annually,
by the end of the second quarter of each fiscal year. The VENDOR and the
DEPARTMENT will make a good faith effort to resolve any questions or
issues concerning proposed policies and procedures and when necessary,
will develop acceptable alternatives to any proposed policies and
procedures.
(iii) The VENDOR will provide all residents with a copy of a
DEPARTMENT approved Resident Handbook (English and Spanish version) at
new resident orientation.
k) Medical Care.
VENDOR shall provide on a consulting basis a licensed practicing
physician in the State of Texas to review, at least quarterly, the
medical and health care policies, procedures, and practices of VENDOR. A
report from the reviewing physician shall be provided to the DEPARTMENT's
Manager of Planning and Community Resources on a quarterly basis. VENDOR
shall provide a registered nurse to provide on-site coverage at least five
days per week (preferably Monday through Friday) as well as 24 hour on-call
availability. The nurse shall be in uniform while on duty. The nursing
staff shall meet the licensing and certification requirements of the state
of Texas. VENDOR will provide an initial routine physical exam by a
physician, physician's assistant or an advanced registered nurse
practitioner for all Residents within 72 hours of admission to include a
TB test. HIV test screening/ counseling will be offered bi-monthly. This
physical exam can occur either at the facility or off-site. VENDOR will
provide transportation for Residents to medical appointments or for the
purpose of obtaining medical treatment not available at the facility,
outside of the facility but only within Xxxxxx County, Texas, except, in
any case of medical emergency, upon which VENDOR will provide transportation
of Residents to the nearest point of medical care. Neither the VENDOR nor
the DEPARTMENT will assume responsibility for provision of or payment for
any resident's medical/dental expenses past the initial physical. Neither
the DEPARTMENT nor the VENDOR shall provide payment for prescription drugs,
medications, medical care, hospitalization or institutionalization. As
used herein, "medical care" means all types of health related services,
including but not limited to dental, psychological, psychiatric, optical,
chiropractic, laboratory, and diagnostic, as well as the services traditionally
rendered by medical doctors. VENDOR shall develop a written policy to
detail security procedures for dispensing and storing approved medication.
l) Personnel Recruitment and Training.
(i) VENDOR s recruitment selection and employment of all personnel
shall conform to the rules and regulations of the Equal Employment
Opportunity Commission and as prescribed in Article II, 2.2. The VENDOR
shall make every effort to employ personnel to approximate Residents'
ethnic distribution. VENDOR shall provide access to the DEPARTMENT for
records required by law to be maintained of such non-discriminatory action
upon request by the DEPARTMENT. A notice evidencing VENDOR's adoption and
commitment to this policy shall be posted in a conspicuous location at the
Facility.
(ii) VENDOR shall provide copies of the applications of all
prospective employees to a designated representative of the DEPARTMENT.
Information shall include name, driver's license number, date of birth and
social security number, of all prospective employees. The VENDOR shall
conduct a criminal record background investigation on all employees prior
to their employment. VENDOR will perform a routine reference check
independently on all employees prior to their employment. Results of
VENDOR's routine reference check shall be made available to the DEPARTMENT.
DEPARTMENT may reject a proposed employee based on information available.
Due to confidentiality of records, the DEPARTMENT may accept or reject a
proposed employee without discussion of cause. VENDOR employees must hold
confidential all information/data accessed in performance of job duties.
As an independent contractor, VENDOR assumes all responsibility for payment
of its employee wages, salaries and benefits, including medical insurance,
worker's compensation insurance, and other benefits.
(iii) The DEPARTMENT reserves the right to have the VENDOR re-assign
any existing employee, considered by the DEPARTMENT to be a security risk or
inappropriate for the facility.
(iv) VENDOR will appoint an on-site administrator to manage VENDOR's
day-to-day operation of the Facility. The administrator's position shall be
staffed by an experienced and trained professional in the administration of
correctional facilities. Such appointment shall be subject to DEPARTMENT
approval. The VENDOR will schedule staff coverage for both the residential
wing and aftercare wing of Facility. The residential wing will require 24
hour coverage, seven days per week. Minimum staffing requirements will
be as follows: First Shift, 3 staff; Second Shift, Monday through Friday,
2:00 p.m. to 10:00p.m., 4 staff; Third Shift, 3 staff. The aftercare wing
will require at least one staff member between the hours of 5:00 p.m. to
10:00 p.m., Monday through Friday, with hours on Saturday and Sunday to be
determined by programming needs. VENDOR will notify DEPARTMENT Facility
Director regarding staff schedule changes due to reduction in staff or
change in staffing pattern as a result of resignations, shift changes or
terminations.
(v) Training of VENDOR employees and adequate staffing requirements
of the facility shall be the responsibility of VENDOR. To the extent
necessary, VENDOR shall train VENDOR employees to assure their ability to
comply with applicable policies, ACA standards, procedures and operation
manuals as specified by VENDOR and approved by the DEPARTMENT and any
additional quarterly training agreed upon by the VENDOR and DEPARTMENT.
Training shall include, but not be limited to, substance abuse issues,
specific treatment modalities utilized at the facility, security,
resident supervision, emergency procedures, etc. VENDOR shall be
responsible for providing and scheduling CPR and first aid training to
all Facility staff (VENDOR and DEPARTMENT) on an annual basis. VENDOR
shall provide on-going training to ensure that all employees are
knowledgeable of and adhere to appropriate policies, procedures and
operations manuals. VENDOR shall ensure that all VENDOR staff meet all
TDCJ-CJAD training standards including, but not limited to, Re-integration
Model Training.
(vi) All of Service VENDOR's personnel records shall be the property
of VENDOR, and shall continue to be the property of VENDOR and shall be
provided to the DEPARTMENT upon request for review and/or reproduction.
(vii) Volunteers to the facility program shall be approved by the
DEPARTMENT. The VENDOR shall allow access to the Facility for the
DEPARTMENT-approved volunteers.
m) Community Service Restitution.
The DEPARTMENT shall be responsible for developing Community Service
Restitution (CSR) programs. VENDOR will be responsible for tracking and
implementing the CSR program and for security and supervision. This
includes all work details in the Facility, on the Facility grounds and in
the community. The VENDOR shall be responsible for providing appropriate
instruction to Residents so that work projects and CSR can be successfully
completed. VENDOR shall ensure that appropriate administrative staff
conduct monthly, unannounced inspections of CSR to ensure that appropriate
safety, security and supervision policies and procedures are maintained.
VENDOR shall, when necessary, provide drivers for Residents to CSR programs
anywhere within Xxxxxx County, Texas. VENDOR shall be responsible for
equipment maintenance necessary to complete work details and CSR.
VENDOR's CSR supervision ratio shall be no less than one (1) staff person
for every twelve (12) Residents and shall comply with Article I, 1.8, c., of
this Agreement. Each resident participating in the CSR program must have
demonstrated satisfactory performance in the facility program. DEPARTMENT
staff and VENDOR staff must agree that each (I) CSR assignment location
does not pose an undue risk or hazard to the health and/or safety of
Residents or supervising staff, (ii) CSR assignment locations allow for
adequate control and supervision of Residents at all times, and (iii) CSR
materials and equipment supplied to perform assigned tasks do not pose
undue risks to the health and/or safety of Residents or supervising staff.
n) Utilities.
The VENDOR shall make every effort to provide energy conservation at
the facility.
o) Transportation.
The DEPARTMENT will provide two (2) DEPARTMENT-owned vans which
VENDOR will operate for the purpose of transporting Residents to and from
CSR, to medical appointments, court appearances and for support of facility
operations. Drivers shall be in uniform while on duty. VENDOR will
schedule appointments, when necessary, and deliver the DEPARTMENT-owned
vans to the Xxxxxx County Garage, or other facility that DEPARTMENT may
designate, for all necessary vehicle maintenance and repairs at the cost
of the VENDOR. VENDOR will be responsible for all insurance and costs for
operating the two DEPARTMENT-owned vehicles (vans), excluding fuel, which
will be at DEPARTMENT cost. The VENDOR will be responsible for taking the
vans to be fueled. VENDOR will also maintain and monitor daily trip and
mileage logs for each DEPARTMENT van. These records are to be made
available to the DEPARTMENT upon request for review and/or photocopying.
The VENDOR will insure that all staff whose job descriptions include
transportation duties will have completed an approved defensive driving
course annually.
p) Urinalysis Testing/Breathalyzer Testing.
The VENDOR, in coordination with the DEPARTMENT, shall establish a
procedure for taking specimens from Residents. The VENDOR shall be
responsible and shall administer a breathalyzer test and/or urinalysis test
to all work release Residents or Residents returning from furlough upon
their return to the Facility. VENDOR and DEPARTMENT personnel will be
responsible for urinalysis testing for all Continuing Care clients. The
DEPARTMENT will determine the type of urinalysis supplies required and
shall purchase all supplies. The VENDOR will maintain all urinalysis
supplies and will test residents and continuing care participants as
directed by DEPARTMENT. The VENDOR shall be responsible for all costs
associated with the safe disposal of all used urinalysis supplies.
q) Bio-Hazard Disposal.
The DEPARTMENT provides acupuncture treatment to Residents as a
voluntary treatment modality. The VENDOR shall provide for timely disposal
of used acupuncture supplies utilizing bio-hazard containers for disposal.
Ultimate disposal must occur off-site and shall meet all applicable health
and safety disposal standards. The VENDOR shall be responsible for all costs
associated with bio-hazard disposal for used acupuncture and urinalysis
supplies.
r) Recreation.
The VENDOR shall supervise all resident recreation activities both
in the facility and on the grounds. The DEPARTMENT shall supply basic
recreational supplies. The VENDOR shall be responsible for replacement of
basic recreational supplies. The DEPARTMENT and VENDOR will determine a
minimum number of recreational hours to be provided to residents weekly
and/or monthly based on treatment schedule.
s) Interagency Relationships.
The VENDOR shall establish cooperative relationships with area law
enforcement and mental health agencies to facilitate procedures for arrest
of assaultive Residents and/or appropriate removal from the Facility of
psychotic Residents. VENDOR shall also establish cooperative relationships
with other appropriate agencies and businesses to meet the needs of Residents.
1.9 ADMISSION AND DISCHARGE OF RESIDENTS.
a) Admission.
VENDOR shall accept for admission to the facility, Residents
presented by the DEPARTMENT to the VENDOR. The DEPARTMENT will present
for admission to the facility only Residents who are placed in the facility
by court order.
b) To Deliver Resident Records.
The DEPARTMENT will deliver to the VENDOR each resident's data sheet,
court order and medical files (where applicable) upon the resident's
admission to the facility, or as soon thereafter as is reasonably
possible, but in no event later than seventy-two (72) hours following
the resident's admission to the Facility.
c) Inappropriate Referrals.
(i) VENDOR shall inform the DEPARTMENT when a resident who meets the
following criteria is inappropriate for admission:
(aa) Those Residents whose behavior presents a threat to other
Residents, facility staff, or the security of the Facility or
(bb) Residents who pose a threat or risk of transmitting an
airborne or bloodborne pathogen disease to other Residents or staff.
(ii) VENDOR shall furnish the DEPARTMENT with written notification
to include documentation of facts supporting its recommendation to return the
resident and the DEPARTMENT shall forward VENDOR's written notification to
the court for its consideration.
d) Non-Assignment.
In performing their obligations under this Agreement, the parties
agree that VENDOR's authority shall be limited by applicable law as
well as the express limitation that this Agreement does not authorize,
allow or imply an assignment of authority by the DEPARTMENT to VENDOR of
the following:
(i) Calculating resident release and release eligibility dates;
(ii) Calculating and assigning bed dates from waiting lists.
e) Discharge.
VENDOR shall discharge Residents from the facility only upon
expressed written direction from the DEPARTMENT.
1.10 VENDOR Records.
Any and all records developed, created and maintained by VENDOR,
pursuant to its operation and management of the Facility shall comply
with all applicable standards and statutes, including but not limited
to resident records, Facility rules, Facility policies, operational
guidelines, and personnel records, shall be the property of VENDOR, and
shall continue to be the property of VENDOR and shall be made available for
review and/or reproduction upon request of the DEPARTMENT and TDCJ-CJAD
per Article IV, 4.7.
a) Individual resident records which include, but are not limited
to, personal data, personal inventory receipts, disciplinary action reports,
incident reports, intake and release information, and progress information
generated by VENDOR personnel, and health/medical records,
waiver/confidentiality release forms and any other records VENDOR shall be
required by the DEPARTMENT to keep.
b) Monthly statistical reports of incidents, resident disciplinary
actions, resident program participation, intakes and releases, resident
grievances, meals, menus, medical attention, recreational activity (number
of hours), skills development and training participation, work release
participation, off-site CSR hours and sites, etc. VENDOR personnel will use
VENDOR computer equipment to maintain and compile data for the
aforementioned reports. All reports shall be compatible with DEPARTMENT
tracking and data collection software and procedures.
c) VENDOR shall make all record entries in a timely manner. All
resident information maintained by VENDOR shall be considered confidential
and subject to release or disclosure only (i) as required by law, (ii) in
compliance with the order of any court having jurisdiction, (iii) in defense
of any proceeding to which VENDOR or its employees or agents are a party
with permission of the DEPARTMENT, (iv) to the DEPARTMENT for its review
and/or reproduction, or (v) to physicians or other health care providers for
use in treatment.
d) VENDOR shall maintain records related to the operation of the
Facility. These Facility records shall all be available for review and/or
reproduction by DEPARTMENT and/or TDCJ-CJAD. Said records shall be the
property of VENDOR, and shall continue to be the property of VENDOR.
e) The VENDOR in coordination with the DEPARTMENT, develop
procedures to share all resident incident reports with the DEPARTMENT
Facility Director or Designee and Senior Community Supervision Officer or
other DEPARTMENT designee.
The VENDOR shall adhere to the following requirements regarding the
DEPARTMENT's program information and records of any resident:
f) VENDOR s staff shall have custody of or access to records on a
need to know basis only after receiving approval from DEPARTMENT treatment
staff person or DEPARTMENT supervisor.
g) VENDOR's staff shall understand and comply with all program
confidentiality requirements.
h) VENDOR shall notify the DEPARTMENT immediately upon receipt of
any request or requirement for program records or disclosure of program
information.
Upon request from the DEPARTMENT, VENDOR shall appear and provide information
or testimony at any administrative or legal proceeding.
1.11 Loss or Damage Caused by Resident or Aftercare Participant.
The DEPARTMENT shall not be responsible for loss or damage to VENDOR's
property, including loss or damage resulting from the action(s) of any
Residents or aftercare participants. VENDOR holds the DEPARTMENT harmless
for any damage to or loss of its property. However, in the event a
defendant willfully damages or causes a loss to VENDOR's property, the
DEPARTMENT to the extent practicable will endeavor to cooperate with
VENDOR's efforts to recover from the resident or aftercare participant
compensation for such damage or loss.
1.12 Charges, Fees and Cost to Residents.
VENDOR shall not impose any charges, fees or costs on Residents for goods
or services except those charges, fees, or costs which the VENDOR
specifically has been authorized in writing by the DEPARTMENT to impose.
Installation of coin-operated washers/dryers for resident use will be an
exception to this provision. In addition, the VENDOR may collect a
reimbursement fee from residents who lose any article of clothing or supply
regularly issued at intake by the VENDOR. The resident will be apprised of
this lost article reimbursement policy during intake procedures and
residents will sign an acknowledgment of this policy. The reimbursement
fee/policy will be established jointly between the VENDOR and the DEPARTMENT.
Funds which are authorized by the DEPARTMENT for the VENDOR to collect, shall
be used solely for those purposes approved by the DEPARTMENT.
ARTICLE II. REPRESENTATIONS AND WARRANTIES
2.1 Use of Payments. No part of the Payments made to VENDOR will be
expended for any consultant fees or honorariums to any employee of
DEPARTMENT or for unallowable costs. VENDOR shall expend Payments made
hereunder solely for providing direct services and for reasonable and
allowable expenses directly related to the provision of Services. VENDOR
may not collect defendant fees from any individual who receives Services
hereunder.
2.2 Non-Discrimination. In the performance hereof, VENDOR warrants that
it shall not discriminate against any employee, subvendor, or Defendant on
account of race, color, handicap, religion, sex, national origin, or age.
In addition, VENDOR shall not discriminate against employees, subvendors,
or Defendants who have or are perceived to have a handicap because of AIDS
or HIV infection, antibodies to HIV, or infection with any other probable
causative agent of AIDS.
ARTICLE III. GENERAL CONDITIONS
3.1 No SubVENDORs. No subVENDOR may be utilized by VENDOR unless
DEPARTMENT has furnished prior written approval thereof.
3.2 Payment to Employees or Agents of the CSCD VENDOR warrants that
no employee or agent of DEPARTMENT has been retained to solicit or secure
this Agreement and that VENDOR has not paid or agreed to pay any employee
of DEPARTMENT any fee, commission, percentage, brokerage fee, gift, or any
other consideration, contingent upon the making of this Agreement or as an
inducement for entering into this Agreement. The unauthorized offering or
receipt of such payments may result in the immediate termination of this
Agreement by DEPARTMENT.
3.3 Payments to VENDOR. VENDOR shall submit Monthly Invoices as required
herein and shall receive Payments from DEPARTMENT based thereon, subject
to the provisions of Section 6.7. Provided, however, that VENDOR shall
not, under any circumstances, xxxx DEPARTMENT for peer or group meetings
and such meetings shall not be counted toward the minimum contract
requirements set forth herein.
3.4 Availability of Funds. This agreement is subject to the
availability of state funds as appropriated by the State Legislature and
as made available by TDCJ-CJAD.
3.5 Misspent Funds. Any funds deemed inappropriate based on approved
budgets, the Financial Management Manual for TDCJ-CJAD Funding or the
Contract Management Manual for TDCJ-CJAD Funding by TDCJ-CJAD staff, CSCD
Staff or any CSCD or state designee will be subject to refund by the
VENDOR.
3.6 Visitation by State Employees. VENDOR shall at all times allow
employees/agents of the Governor, members of the Legislature and all other
members of the Executive and Judicial branches of the State of Texas, the
Contract Monitor, and any other persons designated by the DEPARTMENT and
the Texas Board of Criminal Justice to monitor the delivery of Services.
3.7 Non-Collusion. VENDOR warrants that no Person, other than a bona
fide employee, has been employed to solicit or secure this Agreement with
DEPARTMENT, and VENDOR has not paid or agreed to pay any Person, other
than a bona fide employee, any fee, commission, percentage, or brokerage
fee, gift, or any other consideration, contingent upon or resulting from
the execution hereof. For breach or violation of this provision,
DEPARTMENT shall have the right to terminate this Agreement without
liability, or in its discretion to deduct from Payments, or otherwise
recover, the full amount of such fee, commission, brokerage fee, gift, or
contingency fee.
3.8 Termination at Will. Either party may terminate this Agreement for
any reason whatsoever, without cause and at any time, by furnishing to the
other party thirty (30) days prior written notice. DEPARTMENT'S only
obligation for terminating this Agreement pursuant to this section shall
be the payment to VENDOR of Payments earned hereunder up to the date of
termination. VENDOR'S only obligation for terminating this Agreement
pursuant to this section shall be to provide Services until the date of
termination. Neither VENDOR nor DEPARTMENT shall thereafter be entitled to
any other bonus, damage, settlement or compensation for expected or lost
profits or otherwise.
ARTICLE IV. ADMINISTRATION AND FISCAL SYSTEM
4.1 Administrative Controls. VENDOR shall establish, document and
maintain adequate administrative and internal controls to ensure that only
allowable costs are billed hereunder in accordance with the Program Budget.
4.2 Conflict of Interest. VENDOR shall establish safeguards to prohibit
members of the governing board, contractual personnel, consultants,
volunteers, and employees from using their positions for a purpose that is
or gives the appearance of being motivated by a desire for private gain
for themselves or others, particularly those with whom they have family or
business relationships.
4.3 Remuneration. Staff of VENDOR shall not pay or receive any
commission, consideration, or benefit or any kind related to the referral
of a Defendant for treatment or engage in fee-splitting with other
professionals.
4.4 Disclosure. VENDOR is required to immediately or timely, as the
case may be, disclose to DEPARTMENT and TDCJ-CJAD the following:
a) If any Person who is an employee or director of VENDOR is required
to register as a lobbyist under Texas Government Code Chapter 304, at any
time during the term hereof, VENDOR shall provide to DEPARTMENT and TDCJ-
CJAD timely copies of all reports filed with the Texas Ethics Commission
as required by Chapter 305;
b) If any Person who is an employee, subvendor, or director of
VENDOR is or becomes an elected official (i.e., an elected or appointed
state official or member of the judiciary, or a United States congressman
or senator), during the term hereof;
c) The receipt by VENDOR of funds other than, or in addition
to, those paid by DEPARTMENT for Services hereunder, it being agreed that
in such event, DEPARTMENT shall be entitled to reimbursement of such
portion of such funds as it is attributed to the provision of Services
hereunder. As used in this subparagraph, the term funds means any
amounts received by VENDOR on behalf of any Defendant who is receiving
Services at Facility.
d) Report any actions or citations by Federal, State, or local
governmental agencies that may affect VENDOR S licensure status or its
ability to provide Services hereunder.
4.5 Withhold Payments. The DEPARTMENT may withhold Payments for any
ineligible claims including inadequate or untimely monthly invoices until
such time as the ineligible, inadequate or untimely claim is resubmitted
and/or corrected by VENDOR. DEPARTMENT reserves the right to suspend
Defendant placements, withhold Payments, or require the return of Payments
in the case of noncompliance with DEPARTMENT Policies, including, but not
limited to, recurring acts of noncompliance and expenditures for
unallowable costs.
4.6 Accounting Records. The VENDOR agrees to maintain a program
specific accounting or bookkeeping system in accordance with line item
categorization as outlined in the Program Budget negotiated between the
VENDOR and DEPARTMENT.
4.7 Audit of Records. VENDOR agrees to furnish to DEPARTMENT and/or
Texas Department of Criminal Justice - Community Justice Assistance
Division (TDCJ-CJAD) and/or their designees such information as may be
requested which relates to the services described in this AGREEMENT.
VENDOR shall permit DEPARTMENT and/or TDCJ-CJAD and or their designee to
audit/inspect records and reports, review services, and/or evaluate the
performance of services at any time. VENDOR shall provide reasonable
access to all the records, books, reports and other necessary data and
information requested by DEPARTMENT and/or TDCJ-CJAD for the purpose of
accomplishing reviews, inspections, and/or audits of program activities,
services and expenditures.
4.8 AIDS and HIV Infection VENDOR agrees that it shall adopt and
implement workplace guidelines concerning persons with AIDS and HIV
infection and shall also develop and implement guidelines regarding
confidentiality of AIDS and HIV-related medical information for employees
of said (VENDOR) and for clients, inmates, patients and residents served
by VENDOR in accordance with the provisions found in V.T.C.A., Health and
Safety Code, Section 85.113 and TCADA Licensure Standards.
4.9 Confidentiality. When applicable, records of identity,
diagnosis, prognosis, or treatment of any Defendant through this contract
shall be confidential and may be disclosed only in accordance with
applicable laws. No information may be released without the Defendant's
written consent as documented by a signed information release form that
complies with the requirements of 42 CFR, Part 2, or a proper court order
that conforms with the requirements of 42 CFR, Part 2. All records shall
be the property of VENDOR.
4.10 Governing Board Responsibility. The appropriate governing board
or entity of VENDOR shall bear full responsibility for the integrity of
the Program Budget, including accountability for all Payments, compliance
with DEPARTMENT policies, and applicable federal and state laws and
regulations, and the Texas Department of Criminal Justice-Community
Justice Assistance Division (TDCJ-CJAD). Ignorance of any contract
provisions or other requirements contained herein shall not constitute a
defense or basis for waiving or appealing such provisions or requirements.
ARTICLE V. INSURANCE AND INDEMNIFICATION
5.1 Insurance. VENDOR shall provide an adequate plan of insurance
that provides: (l) coverage to protect DEPARTMENT and the State against
all claims, including claims based on violations of civil rights arising
and from the Services performed by VENDOR; (2) coverage to protect the
State from actions by a third party against VENDOR or any subvendor of
VENDOR as a result hereof, and (3) coverage to protect the State from
actions by officers, employees, or agents of VENDOR or any subvendor(s).
VENDOR shall maintain the following insurance coverage in full force and
effect for the mutual protection and benefit of DEPARTMENT, the State and
VENDOR with the amounts and coverages as required by law, in accordance
with the following:
a) Claims that may arise out of or result from VENDOR'S
actions/operations hereunder, whether such actions/operations are by
VENDOR or by a subvendor of VENDOR , or by anyone directly or indirectly
employed by or acting on behalf of VENDOR or a subvendor where liability
may arise for:
(i) Claims under workers compensation disability benefit, and
other similar employee benefit actions;
(ii) Claims for damages because of bodily injury, occupational
sickness or disease, or death of any VENDOR employees;
(iii) Claims for damages because of bodily injury, sickness
or disease or death of any Person other than VENDOR'S employees;
(iv) Claims for damages insured by usual personal liability
coverage that are sustained by (a) any Person as a result of an act
directly or indirectly related to the employment of such Person by VENDOR,
or by (b) any other Person;
(v) Claims for damages because of injury to or destruction of
tangible property, including loss of use resulting therefrom;
(vi) Claims for damages based on violations of civil rights;
(vii) Claims for damages arising from fire and lightning and
other casualties.
b) The insurance required by this section shall be written for not
less than any limits of liability specified by DEPARTMENT or required by
law, whichever is greater, and shall include contractual liability
insurance as applicable to VENDOR'S obligations hereunder.
c) Certifications/policies of insurance shall be filed with
DEPARTMENT prior to execution hereof. These certificates/policies shall
contain a provision that coverage afforded under the policies shall not be
canceled until at least thirty (30) days prior written notice has been
given to DEPARTMENT.
d) Compliance with the foregoing insurance requirements shall
not relieve VENDOR from any liability under the indemnity
provisions.
5.2 Indemnification. VENDOR shall indemnify and save the DEPARTMENT,
the Board of Criminal Justice, the Texas Department of Criminal Justice,
the State of Texas, and its officers, agents and employees (hereinafter,
collectively referred to as the "State") harmless from and against any and
all claims arising from the conduct, management or performance hereof,
including, without limitation, any and all claims arising from any
condition herein or arising from any breach or default on the part of
VENDOR in the performance of any covenant or agreement on its part to be
performed, or arising from any act of negligence of VENDOR, or licensees
or arising from any accident, injury or damage whatsoever caused to any
person, firm or corporation and from and against all costs, reasonable
attorney's fees, expenses and liabilities incurred in or about any such
claim, action or proceeding brought against the State by reason of any
such claim. In any such action brought against the State, VENDOR, upon
notice from the State, shall defend against such action or proceeding by
counsel satisfactory to the State, unless such action or proceeding is
defended against by counsel for any carrier of liability insurance
provided for herein. The aforementioned indemnification shall not be
affected by a claim that negligence of DEPARTMENT, the State, or their
respective agents, VENDORS, employees or licensees contributed in part to
the loss or damage indemnified against.
ARTICLE VI. INDEPENDENT VENDOR
VENDOR is associated with DEPARTMENT only for the purposes and to the
extent set forth herein, and with respect to the performance of Services
hereunder, VENDOR is and shall be an independent VENDOR and shall have
the sole right to supervise, manage, operate, control, and direct the
performance of the details incident to its duties hereunder. Nothing
contained herein shall be deemed or construed to create a partnership or
joint venture, to create the relationships of an employer-employee or
principal-agent, or to otherwise create any liability for DEPARTMENT
whatsoever with respect to the indebtedness, liabilities, and obligations
of VENDOR or any other party. VENDOR shall be solely responsible for
(and DEPARTMENT shall have no obligation with respect to) payment of all
Federal Income, F.I.C.A., and other taxes owed or claimed to be owed by
VENDOR, arising out of VENDOR'S association with DEPARTMENT pursuant
hereto, and VENDOR shall indemnity and hold DEPARTMENT harmless from and
against any and all liability from all losses, damages, claims, costs,
penalties, liabilities, and expenses howsoever arising or incurred because
of, incident to, or otherwise with respect to any such taxes.
ARTICLE VII. MISCELLANEOUS PROVISIONS
7.1 Inconsistencies. Where there exists any inconsistency between this
Agreement and other provisions of collateral contractual agreements that
are made a part hereof by reference or otherwise, the provisions of this
Agreement shall control.
7.2 Severability. Each paragraph and provision hereof is severable from
the entire Agreement and if any provision is declared invalid, the
remaining provisions shall nevertheless remain in effect.
7.3 Prohibition Against Assignment. There shall be no assignment or
transfer of this Agreement without the prior written consent of both
parties.
7.4 Law of Texas. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and shall be enforced in
the primary County of the applicable judicial district.
7.5 Notices. All notices called for or contemplated hereunder shall be
in writing and shall be deemed to have been duly given when personally
delivered or forty-eight (48) hours after mailed to each party by certified
mail, return receipt requested, postage prepaid.
7.6 Entire. This Agreement incorporates all the agreements, covenants,
and understandings between the parties hereto concerning the subject
matter hereof, and all such covenants, agreements, and understandings have
been merged into this written Agreement. No other prior agreement or
understandings, verbal or otherwise, of the parties or their agents shall
be valid or enforceable unless attached hereto and/or embodies herein.
7.7 Amendment. No changes to this Agreement shall be made except upon
written agreement of both parties.
7.8 Confidentiality. Any confidential information provided to or
developed by VENDOR in the performance of this Agreement shall be kept
confidential, unless otherwise provided by law, and shall not be made
available to any individual or organization by VENDOR or DEPARTMENT
without prior approval of the other party.
7.9 Headings. The headings used herein are for convenience of reference
only and shall not constitute a part hereof or effect the construction or
interpretation hereof.
7.10 Waiver. The failure on the part of any party to exercise or to delay
in exercising, and no course of dealing with respect to any right hereunder
shall operate as a waiver thereof; nor shall any single or partial exercise
of any right hereunder preclude any other or further exercise thereof or the
exercise of any other right. The remedies provided herein are cumulative and
not exclusive of any remedies provided by law or in equity, except as
expressly set forth herein.
7.11 Counterparts. This Agreement may be executed in any number of and by
the different parties hereto on separate counterparts, each of which when
so executed shall be deemed to be an original, and such counterparts shall
together constitute but on and the same instrument.
7.12 Terminology and Definitions. All personal pronouns used herein,
whether used in the masculine, feminine, or neutral, shall include all
other genders; the singular shall include the plural and the plural shall
include the singular.
Entered into on the last date signed below.
\s\ Xxx Xxxx 9/30/97
XXX XXXX, Director Date
Xxxxxx County Community Supervision
and Corrections Department
\s\ Xxxxx X. Xxxxxxxx 9/25/97
XXXXX X. XXXXXXXX Date
Correctional Services, Corporation
APPROVED:
\s\ Xxxxxxx Xxxxxxx 9/23/97
XXXXXXX XXXXXXX, Presiding Judge Date
000xx Xxxxxxxx Xxxxx
