COMMISSIONERS' COURT AGENDA REQUEST
*PEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Bob Palmer
MEETING DATE: Mav 23, 1991
OFFICE : Juvenile Detention
TIME PREFERRED:
SUBJECT : (PLEASE B E SPECIFIC) Juvenile Detention Contracts with Kendall County,
Kimble County, Gillespie County, Bandera County and Mason County
EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT:
Bob Palmer
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thrusday
THIS REDUEST RECEIVED BY:
THIS REDUEST RECE i VED ON : ~
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's fgrmal consideration and action
""~ at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
S~ 9
STATE OF TEXAS X
COUNTY OF KERR X
CONTRACT FOR DETENTION OF JUVENILE OFFENDERS
This Agreement is made on this _ 12th__ day of
May ___, A•D•,1991 , by and between the COUNTY OF
KERR, a political subdivision of the State of Texas, ("KERR") and
the COUNTY OF _~_ GILLESPIE Y__, a political subdivision of
the State of Texas, ("CONTRACTOR");
WHEREAS, KERR COUNTY operates the KERR COUNTY JUVENILE
DETENTION CENTER ("DENTENTION CENTER"), for ttie housing of
juveniles; and
WHEREAS, the KERR COUNTY JUVENILE DETENTION CENTER has been
duly inspected and certified as being s~a.itable 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 anc] 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 (I) year period,
commencing on the _~th day of _____Mau___„_.__________._____, 19 91 Y
and terminating on the ],~~g_ day cif Mav____ _Y ,
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TERMINATION: This Contract may be term i.r,ated without cause by
either party upon thirty (act) c:~le~,~lar r1.-1y.~: wri rt-en notice to the
other party. This contract may also he terminated immediately
for cause if CONTRACTOR fails to provide proper docwnentation 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 7.4 hoar 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 aiid space is needed to
detain Kerr County Juveniles, KERR will cnutact CONTRACTOR to
arrange for the inunediate transfer of CONT'RACTOR'S juveniles to
the custody of CONTRACTOR. GON'TRACTOR agrees that its staff will
accept the return of its juveniles and w.il.l promptly supply staff
members to handle the transfer.
MEDICAL: CONTRACTOR agrees to provide and pay for any necessary
routine or emergency examinations, med~~,al treatments, and
hospitalization for juveniles from CONTRACTORS 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 j}~_venil~s from CONTRACTOR'S
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county at the expense of CONTRACTOR at~ci 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 hay juveniles in the DETENTION CENTER. Charges will
include the day of admittance, regardless of hour of admittance;
plus the nwnber 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 si~ecified above and all
reimbursable expenses incurred by 1•~ERR for juveniles of
CONTRACTOR through the date of the bill. B:i1.Iing document shall
be forwarded to:
TIM MOHAN, JWENILE PROBATION OFFICER
220 S. PIERCE
BURNET , TEXAS 7861.1
PAYMENT: Payments shall he made monthly within Yitteen (15) days
after receipt by CONTRACTOR of KF,RR's mi~t~tl7ly kii.ll. Payments
shall be made to:
Kerr County Juvenile Proh:~t9on Dey~artment
3?_3 Eax~l. Garrett }
Kerrville, Texas 78028
ARTICLE V
PRE-HEARING DETENTION: Pr.e-hearing dr~tet~ti~n shall be available
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at the Detention Center when it is not po~sih]e for CONTRACTOR to
secure a Dentention Order (e.g. wef~kerids, holidays or after
normal working hours), however, two certified copies of the
signed after-hearing Detention Order must he received by KERR on
the first working day after a j~_a.venile 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 CONTRACTOK'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 fo_ilowinc~:
(A) the name or names of ttie person or persons
authorized by the Court to order pre-hearing detention
and sign per-hearing "Author.ization for Detention"
forms, in acrordance with Chapter 53 of the Texas
Family Code.
(B) the name or names of tl~e person or persons
authorized by the Court to remove juveniles from the
Detention Center without an order alathorizing said
removal.
(G) the dates or time period ror wtrich the Court
ordered authorization is valid.
(2) Upon delivery of a Juvenile to the DEi'ENTION CENTER for
pre-hearing detention; the party deliverincJ 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 "Ncatire 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 t~etention Order signed by
the Juvenile court; said order to include:
(A) a statement that the juven.i]e he held in detention
in the IiERR COUNTY JUVENILE DETENTION CENTER.
(B) The specit.ic 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 Masten c~r.der, }if not previously
furnished.
(3) One signed copy of the "Ofiic;ers Report to Juvenile
Court," form attached, signed by a person authorized by the
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Master Order if not previously fu.riliTed.
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 Detention Order, authorizing continued detention,
has been delivered to the DETENTION CENTER within said ten day
period.
CHARGES FOR TRANSPORTATION: Should a juvenile I~ot be removed by
CONTRACTOR, its agent, servants or emx~loyees within the ten (10)
day detention period specified in the .juvenile Court's Detention
Order and a new order authorizing colitinving 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 CONTKACTOft. CUN'I'RAC'I'OR shall be charged a
minimum of $25.00 plus an additiolla] amount of $0.15 cents per
mile for each mile traveled over lUU mile,.
RELEASE: Juveniles in the DETENTION CENTER shall not be released
prior to the termination of the Detention Under except:
(1) Juveniles may be released tc~ 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 ,ji_zvenile Court; such order
shall specify to whom the Juvenile is to lie 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, KERR is hereby authorized to immediately
deliver the juvenile to the Juvenile Court ox• pex•son authorized
to remove juveniles under the Master Order of CONTRACTOR.
CONTRACTOR shall be charged for same iri accordance with section
above.
ACCEPTANCE: KERR agrees that the DEi'ENTIUN CENT'EK 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 cotlsiderat.ion of the mutual
covenants hereby agrees that KERR, .its ~rrellts, servants and/or
employees shall not be liable or respc-,ns_ible for, and shall be
saved and held harmless by CON'1RAC'i'Uft fri>m and against any and
all claims, causes of action and damages of every kind, form or
nature, and injury to or death to any 1:>ersor~ r~r persons, arising
out of or attributed, directly or indirectly, to the operations
or performance of KERR under this agreement-.
ARTICLE VII
OPERATION: Nothing in this Contract steal] be construed to
.j
permit CONTRACTOR, its agent, servants or employees in any way to
manage, control, direct or instruct F:ERR, its servants or
employees in any manner respecting any of their. work, duties or
functions pertaining to the maintenance anti operation of the
DETENTION CENTER,
ARTICLE VIII
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.
ARTICLE IX
APPLICABILITY: This Agreement shall inux•e 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 or this Agreement, the
prevailing party shall be entitled to reaConable attorney's fees
in addition to any other relief to which Ise may be entitled.
ARTICLE XII
GOVERNING LAW: The validity of this A~~reement and of any of its
terms or provisions, as well as the rights and duties of the
parties hereunder, shall be r~overned by the laws of the State of
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Texas, and all venue shall be in Kerr Cnn~ity, Texas.
ARTICLE XIII
AMENDMENT: This Agreement may be a)nended by ttie 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 itl 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 KERR: CONTRACTOR:
CUUNTY JUDGE CUUN'1'Y JUI)Gr:
ATTEST:
ATTEST.'
COUNTY CLERK COUNTY CLERI:
APPROVEtJ
COUNTY AT'TORPdEY
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