ORDER N0. 175fi0 APPROVAL OF CONTRACT FOR DETENTION OF JUVENILE OFFENDERS FROM GILLESPIE COUNTY On this the 9th day of November 1987, came on to be considered by the Court the matter of request from the COUNTY OF GILLESPIE that Kerr County Juvenile Detention Center provide detention facilities for juveniles from Gillespie County, and contract with proposed fees of $50.00 per day per child for such services. Upon motion made by Commissioner Holland, seconded by Commissioner Lich the Court unanimously approved a Contract for Detention of Juvenile Offenders, by and between the COUNTY OF KERR and. the COUNTY OF GILLESPIE for one year, commencing on the 1st day of October 1987 and terminating on the 30th day of September 1988, with option by either party to terminate contract upon thirty calendar days' written notice to the other party. It is further ordered by the Court that County Judge Edwards execute the contract on behalf of Kerr County. COD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/87:3/19/87:3/20/87 STATE OF TEXAS ) COUNTY OF KERB ) CONTRACT FOR DETENTION OF JUVENILE OFFENDERS This Agreement is made on this __lst _ _ day of October A.D., 1987, by and between the COUNTY OF KERR, a political subdivision of the State of Texas, ("KERR") and the COUNTY OF GILLESPIE a political subdivision of the State of Texas, ("CONTRACTOR"); WHEREAS, KERR COUNTY operates the KERR COUNTY JUVENILE DETENTION CENTER ("DETENTION CENTER"), for the housing of juveniles; and WHEREAS, the KERR COUNTY JUVENILE DETENTION CENTER has been duly inspected and certified as being suitable for the detention of juveniles; NOW, THEREFORE, the parties agree as follows: ARTICLE I 1.01 PURPOSE: The purpose of the Contract is to provide detention facilities for delinquent children and children in need of supervision in the DETENTION CENTER for juveniles from the County of CONTRACTOR, in accordance with the Family Code of the State of Texas and other applicable law. ARTICLE II 2.01 TERM: The term of this Co~itract is for a one (1) year period, commencing on the 1st day of October 1987 and 1 COD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/8T:3/19/87:3/20/87 terminating on the _.36th _ day of September 1988_. 2.02 TERMINATION: This Contract may be terminated without cause by either party upon thirty (30) calendar days written notice to the other party. This contract may also be terminated immediately for cause if CONTRACTOR fails to provide proper documentation in accordance with the requirements of this contract. CONTRACTOR shall remove, on or before the termination date, all juveniles placed by CONTRACTOR in the DETENTION CENTER. ARTICLE III 3.01 FACILITIES: KERB agrees to provide those juveniles housed in DETENTION CENTER, room, board, and 24 hour daily supervision, in accordance with the Family Code of the State of Texas and other applicable law. Such detention space and service shall be provided by KERR at the request of CONTRACTOR. Such space, however, will be provided by KERR to CONTRACTOR on a space available basis. In the event that KERR reaches its capacity and space is needed to detain Kerr County Juveniles, KERR 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. 3.02 MEDICAL: CONTRACTOR agrees to provide and pay for any necessary routine or emergency examinations, medical treatments, 2 COD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/87:3/19/87:3/20/87 and hospitalization for juveniles from CONTRACTOR'S county placed in KERR'S custody in accordance with this contract. KERB is . authorized to secure, at KERH'S discretion, such examination, treatment and hospitalization for juveniles from CONTRACTOR'S county at the expense of CONTRACTOR and to request that CONTRACTOR be billed for the same. KERR shall notify CONTRACTOR of any medical emergency within one (1J regular working day of its occurrence. ARTICLE IV 4.01 FEES: For CONTRACTOR shall pay day the CONTRACTOR Charges will include admittance; plus admittance and date regardless of hour. services rendered under this Agreement, the sum of S50.00 per day per child for each has juveniles in the DETENTION CENTER. the day of admittance, regardless of hour of the number of days between the date of of release; including the date of release, 4.02 BILLING: KERR agrees to furnish to CONTRACTOR an itemized bill, which shall include the daily charges specified above and all reimbursable expenses incurred by KERR for ,juveniles of CONTRACTOR through the date of the bill. Billing document shall be forwarded to: 3 CUD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/87:3/19/87:3/20/87 Jay Weinheimer, County Judge P. 0. Box 351 Fredericksburg, Texas 78624 4.03 PAYMENT: Payments shall be made monthly within fifteen (15) days after receipt by CONTRACTOR of KERR'S monthly bill. Payments shall be made to: Kerr County Juvenile Probation Department 729 Sidney Baker Kerrville, Texas 78028 ARTICLE V 5.01 PRE-HEARING DETENTION: Pre-hearing detention shall be available at the Detention Center when it is not possible for CONTRACTOR to secure a Detention Order (e.g. weekends, holidays or after normal working hours), however, two certified copies of the signed after-hearing Detention Order must be received by KERR on the first working day after a juvenile is admitted to the detention center. First working date shall be considered the date of admittance if the Juvenile is admitted during the hours prior to the beginning of a work day. Pre--hearing detention shall require the following: (1) The CONTRACTOR'S Juvenile Court shall furnish a certified copy of an order ("Master Order") to be kept an file with KERB; said order to include the following: (A) the name or names of the person or persons authorized by the Count to order pre-hearing detention 4 COD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/87:3/19/87:3/20/87 and sign pre-hearing "Authorization for Detention" forms, in accordance with Chapter 53 of the Texas Family Code. (B) the name or names of the person or persons authorized by the Court to remove juveniles from the Detention Center without an order authorizing said removal. (C) the dates or time period for which the Court ordered authorization is valid. (2) Upon delivery of a Juvenile to the DETENTION CENTER for pre-hearing detention; the party delivering the Juvenile shall furnish: (A) One original of the "Authorization for Detention" form attached, sighed by a person authorized by the Master Order. (B) One original of the "Mental and Physical Profile of Child to be petained" form attached, completed and signed by a person authorized by the Master Order. (C) One signed copy of the "Officer's Report to juvenile Court" form attached, signed by a person authorized by the Master Order. (D) The original of the "Notice to Parent, Guardian or Custodian" form attached, signed by a person authorized by the Master Order. 5.02 AFTER HEARING DETENTION: After hearing detentions shall 5 COD-JUV.CTY/CTY.ST-2/GEK/sgp/3/17/87:3/19/87:3/20/8'1 require the following: (1) Two certified copies of the Detention Order signed by the Juvenile Court; said order to include: (A) A specific statement t}iat the juvenile be held in detention in the KERR COUNTY JUVENILE DETENTION CENTER. (B) The specific date and time the Order of Detention shall become void. (C) Any other requirements of the Texas Family Code. (2) One original of the "Mental and Physical Profile of Child to be Detained" form attached, completed and signed by a person authorized by the Master Order, if not previously furnished. (3) One signed copy of the "Officers Report to Juvenile Court," form attached, signed by a person authorized by the Master Order if not previously furnished. 5.03 ORDER EXTENDING TIME: Juveeiiles placed in DETENTION CENTER shall be removed therefrom by CUNTRACTOR, its agents, servants or employees at the conclusion of the ten (10) day period authorized by the Detention Order issued by the Juvenile Court of CONTRACTOR unless a new Detention Order, authorizing continued detention, has been delivered to the DETENTION CENTER within said ten day period. 5.04 CHARGES_FOR_TRANSPORTATION: Should a juvenile not be removed by CONTRACTOR, its agent, servants or employees within 6 COD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/87:3/19/87:3/20/87 the ten (SO) day detention period specified in the Juvenile Court's Detention Order and a new order authorizing continuing detention _c,.~ not been received; KERR will immediately deliver the juvenile to the Juvenile Court or a person authorized to remove juveniles under the Master Order of CONTRACTOR. CONTRACTOR shall be charged a minimum of S25.00 plus an additional amount of $0.15 cents per mile for each mile traveled over 100 miles. 5.05 RELEASE: Juveniles in the DETENTION CENTER shall not be released prior to the termination of the Detention Order except: (1) Juveniles may be released to a person or persons specified in the MASTER ORDER, upon that person's signing out said juvenile. (2) Juveniles may be released under a specific Order of Release issued by the CONTRACTOR'S Juvenile Court; such order shall specify to whom the Juvenile is to be released. 5.06 EXAMINATIONS: If a juvenile is placed in the DETENTION CENTER, is found, in the sole judgment of KERR, to be mentally or physically unfit, dangerous and/or unmanageable, or such juvenile's mental or physical condition would or might endanger other occupants of the facility, then KERB will immediately give notice to a person or persons authorized in the Master Order to remove the juvenile, and said juvenile shall be removed by an authorized person within twelve (12) hours. In the event said juvenile is not removed, KERB is hereby authorized to immediately 7 COD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/87:3/19/87:3/20/87 deliver the juvenile to the Juvenile Court or person authorized to remove juveniles under the Master Order of CONTRACTOR. CONTRACTOR shall be charged for same in accordance with section 5.04 above. 5.07 ACCEPTANCE: KERR agrees that the DETENTION CENTER will accept any juvenile qualified hereunder, without regard to such juvenile's religion, race, creed color, sex or national origin. ARTICLE VI 6.01 OPERATION: Nothing in this Contract shall be construed to permit CONTRACTOR, its agent, servants or employees in any way to manage, control, direct or instruct KERR, its servants or employees in any manner respecting any of their work, duties or functions pertaining to the maintenance and operation of the DETENTION CENTER. ARTICLF. V7I 7.01 ENTIRE_AGREEMENT other Agreements, eith hereto with respect to Agreement, statement, of this Agreement which binding. This Agreement supersedes airy and all =r oral or in wr.itir~g, between the parties the subject matter hereof, and no other or promise relating to the subject matter is not contained herein shall be valid or ARTICLE VIII 8.01 APPLICABILITY: This Agreement shall inure solely to the benefit of the parties hereto and not to any third party 8 COD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/87:3/19/87:3/20/87 recipients or supplier of services. ARTICLE IX ' 9.01 ASSIGNABILITY: This Agreement is not assignable. ARTICLE X 10.01 ATTORNEY'S_EEES: If any action at law or in equity is brought to enforce or interpret any provision 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 11.01 GOVERNING_LAW: The validity of this Agreement and of any of its terms or provisions, as well a.; t}~e rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas, and all venue shal] he in Kerr County, Texas. ARTICLE XII 12.01 AMENllMENT: 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 13.01 LEGAL CONSTRUCTION: In any 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. 9 COD-JUV.CTY/CTY.87-2/GEK/sgp/3/17/87:3/19/87:3/20/87 EXECUTED IN DUPLICATE COPIES, EACH OE WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. COUNTY OF KER CT~UDGE ,:. , ~~- ~~~ - "EO,~JN,TY- CLERK CONTRACT/O/R/Q:~/ I/%~/////~q~~®„ -- - ------------------ COUNT JUDGE JAY WE NHEIMER ATTE ~,?~~/ ~~ COUNTY CLERK A ATTORNEY W. SCI-A9IDT 10 COUI~ITY OF OILLr~SPIE JAV WEINHEIMER Couray JuBps P.O. Box 351 572-987-7502 MRS. DORIS LANCE JEANIE BEL CRENWELOE County Cork County Treasurer P.O. Box 551 P.O. Sox 787 512-99]$515 512-89]6521 CLIFFORD J. HARLE LEOLA BRODBECK RTA County Autlaa Tex PaseseorLOASpor P.O. Box 115] P.O. Box 15B 512-88]6TTl 512-8876519 COMMISSK)NERS: P.O. BoR 351 512-BB]-]503 DAYTON F. HERBER, Pet 1 Feede~ieksWr9, TsRee ]882x LEW E. KUSENBERGER, Pq. 3 FraEerbW Wq, Tsxu ]882 FREDERICKSBURG, TEXAS 78624 November 2, 1987 Honorable Danny Edwards Kerr County Judge Kerr County Courthouse Kerrville, Texas 78028 Dear Judge Edwards: JAMES T. McMAHON, Pp. 2 Harper, TeRU ]8531 ARTHUR L HAHN, Pp. s Does, Texu ]8818 Enclosed please find. two (2) originals of the Contract for Detention of Juvenile Offenders w]iich have been executed by the appropriate county officials of Gillespie County. Please sign the documents, have your county clerk attest your signature, and return one (1) original to me. If anything further is needed, please let me know. Thank you for your assistance in this matter, Ve truly yours, ,~i~~21 Z(it.~ Jay We' eimer, County Judge JW/bac ends . ORDER NO. 17560 APPROVAL OF CONTRACT FOR DETENTION OF JUVENILE OFFER FROM GILLESPIE COUNTY 11-9-87 VOL. Q, Page 499