STATE OF TEXAS X
COUNTY OF KERR X
CONTRACT FOR DETENTION OF JUVENILE OFFENDEKS
This Agreement is made on this ___17th _ day of
May p, , D , , 1991 , by grid between the COUNTY OF
KERR, a political subdivision of the State cif Texas, ("F:ERR") and
the COUNTY OF ___ kENDALL v__, a political subdivision of
the State of Texas, ("CONTRACTOR");
WHEREAS, KERR COUNTY operates tlic KEKR COUNTY JUVENILE
DETENTION CENTER ("DENTENTION CENTER"), for ttie housing of
juveniles; and
WHEREAS, the KERR COUNTY JUVENILE I)E'I'EN'.CIUN CENT'EK has been
duly inspected and certified as being snitab_le for the detention
of juveniles;
NOW, THEREFORE, the parties agree a~~ follows:
ARTICLE I
PURPOSE: The purpose of the Contract is to prcwide detention
facilities for delinquent children anr~ children in need of
supervision in the DETENTION CENTER fc.~r j~~veiai les 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 i.s for a or~~ (1) year period,
commencing on fine _17th day of May ____, 19 91 _
and terminating on the _16th day e,f ___Mav _____ ___Y _,
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TERMINATION: This Contract may he 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 ar before the termination date,
all juveniles placed by CONTRACTOR in the DETENTION CENTER.
ARTICLE III
FACILITIES: KERB agrees to provide those juveniles housed in
DETENTION CENTER, room, board, and 7.4 ho~.zr daily supervision, in
accordance with the Family Code of the State of Texas and other
applicable law.
Such detention space and se.rvic~e sl~al] 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 reacheU its capacity a>>d space is needed to
detain Kerr County Juveniles, KERR will contact CONTRACTOR to
arrange for the immediate transfer of cON'1'RAC:TOR'S juveniles to
the custody of CONTRACTOR. CONTRACTOR agrees that its staff will
accept the return or its jia.verlile.~ anal will prom~~tly supply scarf
members to handle the transfer.
MEDICAL: CONTRACTOR agrees to provide and pay rot any necessary
routine or emergency examinations, med:iczl treatments, and
hospitalization far juveniles from CON'I'RAC'I'OR"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 fc~r j»_veni]es from CONTRACTOR'S
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county at the expense of CONTRACTOR :~ncl to request that
CONTRACTOR be billed for the same. KERR ~hal.t notify CONTRACTOR
of any medical emergency within one (1) reg~_rlar 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 CEN'T'ER. 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: KERB agrees to furnish to CONTRACTOR an itemized bill,
which shall include the daily charges spec~t'ied above and all
reimbursable expenses incurred by KERR for juveniles of
CONTRACTOR through the date of the hill. B:i]ling document shall
be forwarded to:
Y_ 204 E__ SAN ANTONIO_~10_________,___
BOERNE._TEXAS_~8006_,___,______ _._____.___
PAYMENT: Payments shall he made monthly wittlin i~ifteen (15) days
after receipt by CONTRACTOR of KERR's montlray bill. Payments
shall be made to:
Kerr County Juvenile Probation DPT~artment
323 Ear]. Garnett
Kerrville, Texas 78028
ARTICLE V
PRE-HEARING DETENTION: Pre-hearing detenticn 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 j».veriile is admitted to the
detention center. First working date shall be considered the
date of admittance it the Juvenile is admitted during the hours
prior to the beginning of a work day.
Pre-hearing detention shall require the following:
(1} The CONTRAGTOK's Juvenile Court shall furnish a
certified copy of an order ("Master Order"} to be kept on file
with KERB; said order to include the iollowin~g:
(A) the name or names of the person or persons
authorized by the Court to order pre-hearing detention
and sign per-hearing "Autlior.ization 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 witho~it an ordc~r• ,~tr.thorizing said
removal.
(C) the dates or. time period for which the Court
ordered authorization is valid.
(2 } Upon delivery of a Juvenile to the I)E•['ENT'ION CENTER for
pre-hearing detention; the party delivering the .juvenile shall
furnish:
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(A) One original of the "Aut]~orization 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 ley 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 IiERR COUNTY JUVENILE DETENTION CENTER.
{B} The specific date and time the Order of Detention
shall become void.
(C) Any other requirements oi= 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 order, }if not previously
furnished.
(3) one signed copy of the "ol=firers Report to Juvenile
Court," form attached, signed lay a person authorized by the
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Master Order if not previously furni;Pied.
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 Urder issued by the Juvenile Court of CONTRACTOR
unless a new Detention Order, authorizing continued detention,
has been delivered to the DETENTION CENTEK within said ten day
period.
CHARGES FOR TRANSPOKTATION: Should a juvenile not be removed by
CONTRACTOR, its agent, servants or employees within the ten (10}
day detention period specified in the .Tuvenile Court'a 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 authorizers to remove juveniles under
the Master Order of CONTRACTOR. CONTRACTOR shall be charged a
minimwn of $25.00 plus an additional. amount of $0.15 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 lletent9oi~ Order except;
(1} Juveniles may be released t~~ a person or persons
specified in the MASTER ORDER, upon that 4>erson's signing out
said juvenile.
(2) Juveniles may be released under a specified Order of
Release issued by the CONTft.ACTOR's ,tnvenile Court; such order
shall specify to whom the Juvenile is ro he released.
EKAMINATIONS: If a juvenile is placed iu the DETENTION CENTER,
f
i~ found, in the sole judgment of KERR, to be mentally or
physically unfit, dangerous and/or i?.r,mali~geable, or such
juvenile's mental or physical COI1dit10I1 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, KERR is hereby authorized to immediately
deliver the juvenile to ttie 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 DE'PEN7'ION 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 COIlsiderat.ion of the mutual
covenants hereby agrees that KERR, its anerits, 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 alid damages of every kind, form or
nature, and injury to or death to any person or persons, arising
out of or attributed, directly or iltdirectl.y, to the operations
or performance of KERR under this agreement= .
ARTICLE VIi
OPERATION: Nothing in this Contra~;t slial.l Yee construed to
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permit CONTRACTOR, its agent, servants or ernployeer 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 maintenanr_e and operation of the
DETENTION CENTER.
ARTICLE VIII
ENTIRE AGREEMENT:
Agreements, either
with respect to
Agreement, statem
of this Agreement
or binding.
This Agreement supex•sedes any and alI other
oral or in writing, hetween the parties hereto
the subject matter hereof, and no other
ent, or promise relating to the subject matter
which is not contained herein shall be valid
ARTICLE IX
APPLICABILITY: Thies Agreement shall inure solely to the benefit
of the parties hereto and not to any third ;arty recipients or
supplier of sevices.
ARTICLE X
ASSIGNABILITY: This Agreement i~ not as=;ignable.
ARTICLE XI
ATTORNEY'S FEES: If any action at. law or in ec~nity is brought
to enforce or interpret any provisir>>z ~f t:his Agreement, the
prevailing party shall be entitled to rea~;onable attorney's fees
in addition to any other relief to which lie may be entitled.
ARTICLE XII
GOVERNING LAW: The validity of this AcYreemel~t a.nd of any of its
terms or provisions, as well as the rir7hts and dirties of the
parties hereunder, shall be governed }~y the laws. of the State of
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Texas, and all venue shall be in Kerr County, Texas.
ARTICLE XIII
AMENDMENT: This Agreement may be amended 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 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 KERB: CONTRACTOR:
COUNTY JUDGE COUNTY JUDGE
ATTEST:
ATTEST:
COUNTY CLERK COUNTY CLERK
APPROVED:
COUNTY ATTORNEY
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