ORDER NO. 16875
APPROVAL OF CONTRACT BETWEEN THE COUNTY OF BEXAR AND THE
COUNTY OF KERR FOR DETENTION OF JUVENILE OFFENDERS
On this the 14th day of October 1986, upon motion
made by Commissioner Holland, seconded by Commissioner
Higgins , the Court unanimously approved a Contract between
the COUNTY OF BEXAR, a political subdivision of the State
of Texas and the COUNTY OF KERB, a political subdivision
of the State of Texas, for DETENTION OF JUVENILE OFFENDERS,
commencing on the 1st day of September 1986 and terminating
on the 31st day of August, 1987.
It is ordered by the Court that County Judge Morriss be
authorized to execute the contract on behalf of Kerr County.
STATE OF TEXAS §
COUNTY OF BEXAR §
CONTRACT FOR DETENTION OF
JUVENILE OFFENDERS
This Agreement is made on this 14th day of October ,
A. D., 1986, by and between the COUNTY OF BEXAR, a political
subdivision of the State of Texas, hereinafter referred to as
"BEXAR" and the COUNTY of KERB a political subdivision
of the State of Texas, hereinafter referred to as "CONTRACTOR";
WHEREAS, BEXAR operates the Bexar County Juvenile Center
and contracts with other various facilities for the housing of
juveniles; and
WHEREAS, the Bexar County Juvenile Center and the other
contracted facilities have been duly inspected and certified as
being suitable for the detention of juveniles;
NOW, THEREFORE, the parties agree as follows:
ARTICLE I
PURPOSE
1.01 The purpose of the Contract is to provide housing in
Bexar County facilities for juveniles from the County of CONTRACTOR,
referred for an act of delinquency or an act indicating a need for
supervision, during pre-trial and pre-dispositional status or during
the post-dispositional stay prescribed by the Court.
ARTICLE II
TERM
2.01 The term of this Contract is .for a one (1) year period,
commencing on the ter day of September , 19 86 and terminating
on the 31st day of August , 19 87
2.02 This Contract may be terminated without cause by either
party upon thirty (30) calendar days written notice to the other
party.
2.03 CONTRACTOR shall remove, on or before the termination
date, all juveniles placed by CONTRACTOR in BEXAR facilities.
ARTICLE III
SERVICES
3.01 BEXAR agrees to provide those juveniles housed in BEXAR
facilities room, board, 24 hour daily supervision, routine
medical examination and treatment within the facility, an approved
educational program, recreational facilities, and counseling.
3.02 Such detention space and service shall be provided by
BEXAR at the request of CONTRACTOR. Such space, however, will be
provided by BEXAR to CONTRACTOR on a space available basis. In
the event BEXAR reaches its capacity and space is needed to detain
Bexar County juveniles, BEXAR will contact CONTRACTOR to arrange
for the immediate transfer of CONTRACTOR's juveniles to the custody
of CONTRACTOR. CONTRACTOR agrees that its staff will accept the
return of its juveniles and will promptly supply staff members
to handle the transfer.
3.03 CONTRACTOR agrees to provide to the juvenile from
CONTRACTOR County and to pay for emergency examinations, treat-
ments, and hospitalization which occur outside the facility.
BEXAR is authorized to secure such examination, treatment and
hospitalization for juveniles from CONTRACTOR County at the
expense of CONTRACTOR ,and to request that CONTRACTOR be billed
for the same. BEXAR shall notify CONTRACTOR of such emergency
within one (1) regular working day of its occurrence.
ARTICLE IV
FEES
4.01 For services rendered under this Agreement, UNIT here-
by agrees to pay to the COUNTY the sum of Eighty and 71/100--------
----------------------- per day per child. Charges wil~_ include one
day for the day of admittance (regardless of hour of entry) and
one day for the day of release (regardless of hour of departure),
plus the number of days between the date of admittance and the
date of release. This rate of $80.71 per day per child will be
in effect for the term of this contract.
4.02 BEXAR agrees to furnish CONTRACTOR an itemized invoice
and billing document of the reimbursable support to and for
juveniles of CONTRACTOR. Billing document shall be forwarded to
KERR COUNTY JUVENILE PROBATION OFFICER, 729 Sidney Baker, Kerrville,
Texas 78028
4.03 Payments shall be made monthly within fifteen (15) days
after receipt by CONTRACTOR of BEXAR's monthly invoices. Payment
shall be made to:
Bexar County Auditor
Bexar County Courthouse
San Antonio, Texas 78205
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ARTICLE V
ADDITIONAL CONDITIONS
5.01 Documentation. When a juvenile is transported to BEXAR,
the officer effectuating the transfer should have the following
with him:
a. Two copies of the signed Detention Order, and
b. Parent's notification of Child's whereabouts.
5.02 Orders extendinrg time. Juvenile placed in pre-adjudi-
cation care in the facilitie shall be removed therefrom by
CONTRACTOR, its agents, servants or employees at' the conclusion
of the 10 day period authorized by the Court Order issued by the
Judge of the Juvenile Court of CONTRACTOR unless a new Order has
been issued authorizing the continued detention, and a copy of
such Order has been delivered to the detention facility, or unless
a waiver of 10 day hearing has been executed and a signed copy of
the waiver delivered to the facility. A copy of the order issued
pursuant to waiver shall be furnished promptly to the facilities.
5.03 Char es for trans ortation. Should a juvenile in pre-
adjudication care not a removed by CONTRACTOR, its agents, ser-
vants or employees as noted in above Section 5.02 by 12:00 noon
of the 10th day of detention and a new order authorizing con-
tinued detention has not been received at the BEXAR facility, an
employee of BEXAR will deliver the juvenile to the Juvenile Court
of CONTRACTOR for which there will be an additional charge of
$25.00 per 100 miles plus mileage of 15~ per additional mile over
100 miles.
5.04 Orders of Release. Juveniles placed in the BEXAR
facilities shall not be removed prior to the conclusion of the
Court Order except to the Probation Officer or as allowed in
Section 5.05 below, without delivery of an Order for Release
signed by the Judge of the Juvenile Ccurt of CONTRACTOR.
5.05 Examinations. If a juvenile is accepted by BEXAR and
such juvenile is found, upon examination by BEXAR's medical
staff, to be, in the sole judgment of BEXAR, mentally unfit,
dangerous, or unmanageable or either of such conditions or
characteristics, or whose mental or physical health condition
would or might endanger the other occupants of the facility,
then, upon such determination and notification by the BEXAR to
the CONTRACTOR's Juvenile Judge or Probation Officer, CONTRACTOR
shall immediately and forthwith remove or cause to be removed
such juvenile from the detention facility.
5.06 BEXAR agrees that the facilities
qualified hereunder, without regard to such
race, creed, color, sex or national origin.
will accept any juvenile
juvenile's religion,
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ARTICLE VI
BEXAR EMPLOYEES
6.01 Nothing in this Contract shall be construed to permit
CONTRACTOR, its agents, servants, or employees in any way to manage,
control, direct or instruct BEXAR its servants or employees in
any manner respecting any of their work, duties or functions per-
taining to the maintenance and operation of the facilities.
ARTICLE VII
ENTIRE AGREEMENT
7.01 This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect
to the subject matter hereof, and no other Agreement, statement, or
promise relating to the subject matter of this Agreement which is
not contained herein shall be valid or binding.
ARTICLE VIII
APPLICABILITY
8.01 This Agreement shall inure solely to the benefit of the
parties hereto and not to any third party recipients or supplies
of services.
ARTICLE IX
ASSIGNABILITY
9.01 This Agreement is personal to the parties and is not
assignable.
ARTICLE X
ATTORNEY'S FEES
10.01 If any action at law or in equity is brought to enforce
or interpret the provisions of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees in addition
to any other relief to which he may be entitled.
ARTICLE XI
GOVERNING LAW
11.01 The validity of this Agreement and of any of its terms
or provisions, as well as the rights and duties of the parties
hereunder, shall be governed by the laws of the State of Texas.
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ARTICLE XII
nns~rlnnrt~n~m
12.01 This Agreement may be amended by the mutual agreement
of the parties hereto in writing to be attached to and incorporated
into this Agreement.
ARTICLE XIII
LEGAL CONSTRUCTION
13.01 In case any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal,
or unenforceable in any respect, such invalidity, or unenforceability
shall not affect any other provision thereof and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provision
has never been contained herein.
EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL.
COUNTY OF BEXAR
BY:
COUNTY JUDGE
ATTEST:
COUNTY CLERK
APPROVED:
ASSISTANT DISTRICT ATTORNEY
)R:~~T / / r
COMMSIONERS COURT OF
KE R COUNTY, TEXAS
~pRnnu S M(1RRTCS COUNTY JUDGE
ATTEST:
PATR.ICIA DYE
County Clerk & Ex-0fficio CJ, k of the
C~nissioners' Court of Kerr County, Texas
APPROVED:
COUN Y AUD TOR , KERB COUIL'PY,
Don inTilliamson

ORDER IdO. 16875
APPROVAL OF CONTRACT BETWEEN
THE COUNTY OF BEXAR AidD THE
COUNTY OF KERR FOR DETENTION
OF JUVENILE OFFENDERS
10-14-~6
VOL, Q, Page 300