ORDER NO. 18614
MOTION TO APPROVE THF. CONTRACT FOR DETENTION OF
JUVENILE OFFENDERS BETWEEN KERR COUNTY AND MASON COUNTY
On this the 20th day of April 1989, upon motion made by
Commissioner Holekamp, seconded by Commissioner Baldwin, with
Commissioner's Holekamp, Baldwin and Morgan and County Judge
Edwards voting "AYE", and Commissioner Ray '•ABSTAINING", said
motion to approve the Contract for Detention of ~Iuvenile
Offenders between Kerr County and Mason County, and to
authorize the County Judge to sign same, was approved by a
majority vote.
STATE OF TEXAS X
COUNTY OF KERR X
CONTRACT FOR DETENTION OF JUVENILE OFFENDER5
This Agreement is made on this 20th day of
April A.D., 1989, by and between the COUNTY OF
KERR, a political subdivision of the State of Texas, ("KERR") and
the COUNTY OF _ MA4~N_~ a political subdivision of
the State of Texas, ("CONTRACTOR");
WHEREAS, KERR COUNTY operates the KEftR COUNTY JUVENILE
DETENTION CENTER ("DENTENTION CENTER"), for the housing of
juveniles; and
WHEREAS, the KERB 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 Z
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 Couttty
of CONTRACTOR; in accordance with the Family Code of the State of
Texas and other applicable law.
ARTICLE ZI
TERM: The term of this Contract is for a one (1) year period,
commencing on the 31st day of December 1988
and terminating on the 30th day of December
I9 89 ,
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TERMTNATION: 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
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 KERB 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 attd 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
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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 S50.o0 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:
Mason Co. Juvenile Proba'F~on Dept
i~. 0. Box X 3 4 3
Mnso~ ~ Texas 7ro85(o
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 78028
ARTICLE V
PRE-HEARING DETENTION: Pre-hearing detention shall be available
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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 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 on file
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:
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(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 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
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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 (lo) day period authorized
by the Detention Order issued by the Juvenile Court of CONTRACTOR
unless a new Detenti"on 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 shall be charged a
minimum of S25.00 plus an additional amount of S0.15 cents per
mile for each mile traveled over 100 miles.
RELEASE: Juveniles in the DETENTION CENTER shall not be released
prior to the termination of the Detention order except:
(i) 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 CpNTRACTOR's Juvenile Court; such order
shall specify to whom the Juvenile is to be released.
EXAMINATIONS: If a juvenile is placed in the DETENTION CENTER,
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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 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, KERB 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
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.
ARTICLE VII
ENTIRE AGREEMENT: 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.
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ARTICLE VIII
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 IX
ASSIGNABILITY:
This Agreement is not assignable.
ARTICLE X
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 XI
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
Texas, and all venue shall be in Kerr County, Texas.
ARTICLE XII
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 XIII
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.
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EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE
FULL FORCE AND EFFECT OF AN ORIGINAL.
COUNTY OF KERR:
CONTRACTOR:
n r
v
COUNT JU E COUNTY UDGE
ATTEST:
ATTEST:
COUNTY CLERK V CO NTY CLERK
APPROVED:
COUNTY ATTORNEY
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