ORDER N0. 18234
MOTION TO APPROVE CONTRACT FOR DETENTION SERVICES WITH
KENDALL COUNTY
On this the 14th day of November 1988, upon motion made by
Commissioner Holland, seconded by Commissioner Baldwin, the
Court unanimously approved County Judge Edwards signing the
Contract for Detention Services between Kerr County, Texas
and Kendall County, Texas.
COMMISSIONERS
DAVID MASTERS, PCT. 1
BOEPNE, TEXAS ]8008
GENE VALLERIE, PCT. 2
BOERNE. TEXAS ]8008
VICTOR PHILLIP, PCT. 3
BOERNE. TEXAS ]8006
LAWRENCE KLEMSTEIN, PCT. 4
COMFORT, TE%AS ]8013
ED SEITZ
JUSTICE OF THE PEACE, PCT. 1
EARL GILBERT
JUSTICE OF THE PEACE, PCT 2
EARL BUCK
JUSTICE OF THE PPa CE. PCT 3
FRIEDA PRESSLER
JUSTICE OF THE PEACE, PCT
;OUNTY OF KENDAL _
November 7, 1988
Honorable Danny R. Edwards
Kerr County Judge
Kerr County Courthouse
Kerrville, Texas 78028
Dear Judge Edwards:
Enclosed please find our contract for detention services to
be supplied by Kerr County.
Thank you.
Sincerely,
Joanne Floyd
Juvenile Probation Officer
Kendall County
JF/mb
GARLAND PERRY
COUNTY JUDGE
FRANK Y. HILL, JR.
COUNTY ATTORNEY
LEE H. D'SPAIN. JR.
SHERIFF
DARLENE HERRIN
COUNTY CLERK
BETTY J. ASHER
TA%ASSESSOR-COLLECTOR
JOYCE F. GEORGE
COUNTY TREASURER
TOMMY PFEIFFER
COUNTY SURVEYOR
SHIRLEV R. STERLING
DISTRICT CLERK
204 E. SAN ANTONIO ST. ~ SUITE 1 ~ BOERNE, TEXAS 78006 ~ 572/249-9343
BOERNE, TEXAS 78006
/I
STATE OF TEXAS
COUNTY OF Kandall
CONTRACT FOR DETENTION SERVICES
In accordance with provisions of the Governor's Office, Criminal Justice
Division, Grant No. JA-88-C03-2246 Kendall County _=_
and x ('o„nry hereinafter called Service Agency, by
this Agreement, and in consideration of the mutual promises set forth
below, agree that:
I. PROVISIONS OF SERVICES
A. The Service Agency agrees to provide the following services,
which shall be limited to alleged or adjudicated juvenile
offenders in certified detention facilities which meet
applicable standards:
Juvenile Detention Services as required by Title 3 of '
The Texas Family Code and contracts between participating
counties
B. For and in consideration of the above-mentioned services, the
xPn~an r.~„nt~_ =- agrees to pay the Service Agency
an amount not to exceed $ s0_n0_ Per client per day. This
fee does not exceed the actual cost of care in the Service
Agency, which is $g~~ per day, and does not exceed the
amount allowed in the current CJD Maximum Rate Schedule.
(NOTE: If the contract provides for reimbursement for
reserved bed space, substitute the following language for
this paragraph: "The N/A_ _ _- _ agrees to
pay the Service Agency the sum of $ N/A ~ per day for each
of N/A reserved bed spaces, ih addition to $ N/A per day
per juvenile during actual days in placement at the Service
Agency's facility. The combined fee for reserved bed space
and actual days in placement does not exceed the actual cost
of care in the facility and does not exceed the amount
allowed in the current CJD Maximum Rate Schedule.")
C. The Service Agency is under no obligation to retain space for
the client in unauthorized departure situations.
D. Payment is to be made monthly. Claim for payment will be
submitted no later than ten days from the last day of the
month for which payment is being requested.
January 1988

E. Each billing should contain the name of the client or clients
for whom payment is being requested along with the number of
days (stated consecutively) for which payment is requested.
F. The Service Agency is under no obligation to accept a client
who is deemed inappropriate for placement in the program by
the Service Agency. ,
II. OTHER PROVISIONS
A. Requirements of the Uniform Grant and Contract Management
Standards (UGCMS) promulgated pursuant to Texas Civil
Statutes article 4413 (32g), are adopted by reference as part
of this contract, including the contract provision as in
Attachment 0, item 14, of the above standards.
THE GRANTEE AGENCY SHALL (check one):
_~ keep all project records
_ assist the SERVICE PROVIDER to establish a set of
records that comply with the requirements of UGCMS and
the terms of the grant and shall periodically inspect
such records to ensure that they }re properly kept.
Records shall be preserved for three (3) years for
inspection by CJD, or any state or federal agency
authorized to inspect the same.
B. In the event of a default of the SERVICE PROVIDER, the
GRANTEE AGENCY may cancel or suspend the contract and the
SERVICE PROVIDER shall be entitled to recovery for all
services provided or materials delivered prior to the
cancellation date (or unused materials may be returned) or
shall repay any funds advanced for services not yet rendered.
C. A11 licenses, legal certifications, or inspections required
for the services, facilities, equipment, or materials, and
all applicable state and federal laws and local ordinances
must be complied with by the SERVICE PROVIDER. Failure to
comply with this requirement sHa11 be treated as a default.
D. This contract shall automatically terminate on the grant
expiration date or any extension thereof granted by CJD. A11
services billed hereunder must be rendered within the grant
period.
January 1988
f +
Enumerate any additional provisions desired by the parties or
which CJD may direct to be added by specific instruction.
EXECUTED THIS 14th day of October 1988.
Kendall County Juvenile
Probation Department
Name of Grantee Agency
by: Garland Perry
Office Authorized to Sig
Kerr County Juvenile
Detention Center
Name of Service Provider
by:
Offic al authorized to sign
s
January 1988
COMMISSIONERS
~ DAVID MASTERS, PCT. 1
BOERNE, TE%AS ]8006
i GENE VALLERIE, PCT. 2
M1 BOERNE. TEXAS ]8006
VICTOR PHILLI P, PCT. 3
' BOERNE, TEXAS ]6006
1 LAWRENCE KLEMSTEI N, PCT. 4
e COMFORT, TE%AS ]8013
i ED SEITZ
JUSTICE OF THE PEACE, PCT. 1
EARL GILBERT
JUSTICE OF THE PEACE, PCT 2
~~ EARL BUCK
' JUSTICE OF THE PEACE. PCT 3
FRIEDA PRESSLER
JUSTICE OF THE PEACE. PCT d
October 19, 1988
Kerr County Juvenile Detention Center
323 Earl Garrett
Kerrville, Texas 78028
Ladies & Gentlemen:
~} BERRY
3 !EV
I~~. N,JR.
iIN
,.cHK
B ETTY J. ASHER
TAX ASS ESSOR-COLLECTOR
JOYCE F. GEORGE
COU NTY THE ASURER
TOMMY PFEIFFER
COUNTY SURVEY OR
SHIR LEV R. STERLING
DISTRICT CLERK
Enclosed please find a Contract for Detention Services which is in
accordance with provisions of the Governor's Office, Criminal Justice
Division, Grant No. JA-88-C03-2246. Please read and sign in designated
area and return to me as soon as possible.
If you have any questions, please don't hesitate to call.
Sincerely,
Joanne Floyd J
Juvenile Probation Officer
JF/mb
COUNTY OF KENDALL
204 E. SAN ANTONIO ST • SUITE 1 ~ BOERN E. TEXAS 78006 ~ 512/249-9343
BOERNE, TEXAS 78006
STATE OF TEXAS
COUNTY OF Kand alt
CONTRACT FOR DETENTION SERVICES
In accordance with provisions of the Governor's Office, Criminal Justice
Division, Grant No. JA-88-C03-2246 Cendal3 County _-_
and xPrr ('o„nrv hereinafter called Service Agency, by
this Agreement, and in consideration of the mutual promises set forth
below, agree that:
I. PROVISIONS OF SERVICES
A. The Service Agency agrees to provide the following services,
which shall be limited to alleged or adjudicated juvenile
offenders in certified detention facilities which meet
applicable standards:
Juvenile Detention Services as required by Title 3 of
The Texas Family Code and contracts between participating
counties
B. For and in consideration of the above-mentioned services, the
xPnrtatt r~,~nr3, ~ agrees to pay the Service Agency
an amount not to exceed $ Sn pn per client per day. This
fee does not exceed the actual cost of care in the Service
Agency, which is $ 50 00 Per day, and does not exceed the
amount allowed in the current CJD Maximum Rate Schedule.
(NOTE: Zf the contract provides far reimbursement for
reserved bed space, substitute the following language for
this paragraph: "The N/A_ -= _ agrees to
pay the Service Agency the sum of $~A `per day for each
of N/A reserved bed spaces, ih addition to $ N A per day
per juvenile during actual days in placement at the Service
Agency's facility. The combined fee for reserved bed space
and actual days in placement does not exceed the actual cost
of care in the facility and does not exceed the amount
allowed in the current CJD Maximum Rate Schedule.")
C. The Service Agency is under no obligation to retain space for
the client in unauthorized departure situations.
D. Payment is to be made monthly. Claim for payment will be
submitted no later than ten days from the last day of the
month for which payment is being requested.
January 1988
E. Each billing should contain the name of the client or clients
for whom payment is being requested along with the number of
days (stated consecutively) for which payment is requested.
F. The Service Agency is under no obligation to accept a client
who is deemed inappropriate for placement in the program by
the Service Agency.
II. OTfII:R PROVISIONS
A. Requirements of the Uniform Grant and Contract Manacement
Standards (UGCMS) promulgated pursuant to Texas Civil
Statutes article 4413 (32g), are adopted by reference as part
of this contract, including the contract provision as in
Attachment 0, item 14, of the above standards.
THE GRA_NTE°_ AGENCY Si'.AL,L ( check one)
keep all project records
_ assist the SERVICE PROVIDER to establish a set of
records that eemply with the requirements of UGCMS and
the terns of the grant and shall periodically inspect
such records to ensure that they are properly kept.
Records shall be preserved for three (3) years for
inspection by CSD, or any state or federal agency
authorized to inspect the same.
B. In the event of a default of the SERVICE PROVIDER, the
GRANTEE AGENCY may cancel or suspend the contract and the
SERVICE PROVIDER shall be entitled to recovery far all
services provided or materials delivered prior to the
cancellation date (or unused materials may be returned) or
shall repay any funds advanced for services not yet rendered.
C. A11 licenses, legal certifications, or inspections required
for the services, facilities, eouipment, or materials, and
all applicable state and federal laws and local ordinances
must be complied with by the SERVICE PROVIDER. Failure to
comply with this requirement sHa11 be treated as a default.
D. This contract shall automatically terminate on the grant
expiration date or any extension thereof granted by CJD. A11
services billed hereunder must be rendered within the grant
period.
January 1988
Enumerate any additional provisions desired by the parties or
which CJD may direct to be added by specific instruction.
EXECOTID THIS 14th day o£ October 1988.
Kendall County Juvenile
Probation Department
Kerr County Juvenile
Detention Center
Name of Grantee Acencv
by: Garland Perry j
Office Authorized to Sig
Name of Service Provider
by:
Official authorized to sign
i
January 1988
STATE OF TEXAS X
COUNTY OF KERR X
CONTRACT FOR DETENTION OF JUVENILE OFFENDERS
This Agreement is made on this Uth_ day of
__Ap_C?7__~ ~ A.D., 1988, by and between the COUNTY OF
KERR, a political subdivision of the State of Texas, ("KERR"} and
the COUNTY of _~ KENDALL _ a political subdivision of
the State of Texas, ("CONTRACTOR");
WHEREAS, KERR COUNTY operates the KERR COUNTY JUVENILE
DETENTION CENTER ("DENTENTION 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
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
TERM: The term of this Contract is for a one {1) year period,
commencing on the 17th day of ___ April ____ 19 gg
and terminating on the _ 7th day of ~_Apr;i _,
19 89 .
1
TERMINATION: This Contract may be terminated without cause by
either party upon thirty (30J 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
FACILITIES: KERR 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.
MEDICAL: CONTRACTOR agrees to provide and pay for any necessary
routine or emergency examinations, medical treatments, and
hospitalization for juveniles from CONTRACTOR'S county placed in
KERR's custody in accordance with this contract. KERR is
authorized to secure, at KERR's discretion, such examination,
treatment and hospitalization for juveniles from CONTRACTOR'S
Z
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 (1) regular working day of
its occurrence.
ARTICLE IV
FEES: For services rendered under this Agreement, CONTRACTOR
shall pay the sum of $50.00 per day per child for each day the
CONTRACTOR has juveniles in the DETENTION CENTER. Charges will
include the day of admittance, regardless of hour of admittance;
plus the number of days between the date of admittance and date
of release; including the date of release, regardless of hour.
BILLING: KERR agrees to furnish to CONTRACTOR an itemized bill,
which shall include the daily charges specified above and all
reimbursable expenses incurred by KERB for juveniles of
CONTRACTOR through the date of the bill. Billing document shall
be forwarded to:
---lnann.~F-my-sl-- ----- -
204 E. San Antonio St., Suite 10
R~arna_Taxac~Zp,006
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
323 Earl Garrett
Kerrville, Texas 76028
ARTICLE V
PRE-HEARING DETENTION: Pr.e-hearing detention shall be available
3
at the Detention Center when it is not possible for CONTRACTOR to
secure a Dentention 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 KERB 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 dux•ing the hours
prior to the beginning of a work day.
Pre-hearing detention shall require the following:
(i) The CONTRACTOR's Juvenile Court shall furnish a
certified copy of an order ("Master order") to be kept on Tile
with KERR; said order to include the following:
(A) the name or names of the' person or persons
authorized by the Court to order pre-hearing detention
and sign per-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:
4
(A) One original of the "Authorization for Detention"
form attached, signed by a person authorized by the
Master Order.
(B) 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.
(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.
AFTER HEARING DETENTION: After hearing detentions shall require
the following:
(1) Two certified copies of the Detention Order signed by
the Juvenile court; said order to include:
(A) a statement that the juvenile be held in detention
in the KERft 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
5
Master Order if not previously furnished.
ORDER EXTENDING TIME: Juveniles placed in DETENTION CENTER
shall be removed therefrom by CONTRACTOR, its agents, servants or
employees at the conclusion of the ten (l0) 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.
CHARGES FOR TRANSPORTATION: Should a juvenile not be removed by
CONTRACTOR, its agent, servants or employees within the ten (10)
day detention period specified in the Juvenile Court's Detention
Order and a new order authorizing continuing detention has not
been received; KERB will immediately deliver the juvenile to
Juvenile Court or a person authorized to remove juveniles under
the Master Order of CONTRACTOR. CONTRACTOR st1a11 be charged a
minimum of $25.00 plus an additional amount of $0.15 cents per
mile for each mile traveled ovex• 100 miles.
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 specified Order of
Release issued by the CONTRACTOR'S Juvenile Court; such order
shall specify to whom the Juvenile is to be x•eleased.
EXAMINATIONS: If a juvenile is placed in the DETENTION CENTER,
6
is found, in the sole judgment of KERB, 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 KERR 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, KERR is hereby authorized to immediately
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
above.
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
INDEMNITY: CONTRACTOR, in consideration of the mutual
covenants hereby agrees that KERB, its agents, servants and/or
employees shall not be liable or responsible for, and shall be
saved and held harmless by CONTRACTOR from and against any and
all claims, causes of action and damages of every kind, form or
nature, and injury to or death to any person or persons, arising
out of or attributed, directly or indirectly, to the operations
or performance of KERB under this agreement.
ARTICLE VII
OPERATION: Nothing in this Contract shall be construed to
7
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.
ARTICLE VIII
ENTIRE AGREEMENT:
Agreements, either
with respect to
Agreement, statem
of this Agreement
or binding.
This Agreement supersedes any
oral or in writing, between the
the subject matter hereof,
snt, or promise relating to the
which is not contained herein sl
and all other
parties heretc
and no other
subject matter
call be valid
ARTICLE IX
APPLICABILITY: This Agreement shall inure solely to the benefit
of the parties hereto and not to any third party recipients or
supplier of sevices.
ARTICLE X
ASSIGNABILITY: This Agreement is not assignable.
ARTICLE XI
ATTORNEY'S FEES: 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 XII
GOVERNING LAW: 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
e
Texas, and all venue shall be in Kerr County, Texas.
ARTICLE XIII
AMENDMENT: 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 XIV
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, illega], 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 KER .
---
COUNTYDGE
ATTEST:
SL1~4t~~~l~c= ~J ~l/
COUNTY CLERK
COUNTY CLERK V
APP VED:
C NTY ATTORNEY
9