AMENDED
COMMUNITY CORRECTIONAL FACILITY
CONTRACT FOR SERVICES
FOR
XXXXXX COUNTY COMMUNITY SUPERVISION AND
CORRECTIONS DEPARTMENT
This Operations Amended Agreement (the Amended 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 sixth day of May 1998.
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 Amended Agreement provides the basis under which
the DEPARTMENT and the VENDOR may carry out their interrelated
activities. The purpose of this Amended Agreement is to provide for the
operation of the Xxxxxx County DWI Substance Abuse Treatment Facility
(SMART), hereinafter referred to as "Facility," by the VENDOR. The
DEPARTMENT shall have the option to renew and extend this Amended
Agreement. The VENDOR will provide residential 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 the
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 appropriate 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 appropriate 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 surveillance, and the
appropriate 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 Amended 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 Amended 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 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) Resident Supervision
VENDOR shall provide such supervision as is required by CJAD
standards and Texas Commission on Alcohol and Drug Abuse (TCADA) standards,
recognized community corrections substance abuse treatment standards to maintain
the safety 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 wear designated VENDOR attire 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,
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 requiring emergency room treatment;
(dd) Injury of a resident by another resident;
(ee) Injury of a resident by a member of the Facility Staff;
(ff) Injury of a resident 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 from the
Facility or work detail;
(ii) Any incident requiring the use of force by Facility Staff;
(jj) Placement of a resident 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;
(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 Amended 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.
e) Food Service.
VENDOR will provide all Residents assigned to the facility with
three (3) meals per day with lunch containing fresh fruit. The VENDOR will make
available sack lunches containing a minimum of 2 sandwiches, condiments, snack,
fruit, and chips for off site CSR Residents and Work Release Residents. 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
designated VENDOR attire while on duty.
f) Clothing and Laundry Services.
VENDOR shall provide uniformed clothing for all facility
Residents based on direction by DEPARTMENT. Work release Residents will only
wear the designated uniformed clothing while at the facility. Non-work release
Residents will wear VENDOR supplied clothing at all times unless otherwise
designated by the DEPARTMENT. 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 Amended
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.
The washer and dryer equipment, upon installation, will become property of the
DEPARTMENT. The VENDOR may lease coin-operated washers and dryers for resident
use 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 subcontractor 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 Amended 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. This physical exam can occur either at the
facility or off-site. VENDOR shall provide annual TB testing for DEPARTMENT
staff. HIV test screening/ counseling will be offered bi-monthly. 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 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 10:00 p.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, facility operations, client-centered
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 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 supervision of CSR residents. 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 Amended 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 VENDOR designated attire 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 be responsible for any VENDOR employee misuse of Xxxxxx
County issued gasoline fuel card(s). 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 Amended Agreement,
the parties agree that VENDOR's authority shall be limited by applicable law as
well as the express limitation that this Amended 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
Amended 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 Amended Agreement or as an
inducement for entering into this Amended Agreement. The unauthorized offering
or receipt of such payments may result in the immediate termination of this
Amended 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 amended 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 Amended 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 Amended 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 Amended
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 Amended 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 Amended
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 Amended 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
Amended Agreement and other provisions of collateral contractual agreements that
are made a part hereof by reference or otherwise, the provisions of this Amended
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 Amended Agreement without the prior written consent of both
parties.
7.4 Law of Texas. This Amended 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 Amended 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 Amended 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 Amended 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 Amended 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 Amended 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.
By: XXX XXXX, Director Date: 5/18/98
Xxxxxx County Community Supervision
and Corrections Department
By: XXXXX X. XXXXXXXX, President Date: 5/12/98
Correctional Services Corporation
APPROVED:
By: XXXX XXXXX, Presiding Judge Date: 5/20/98
167th Judicial District Court
