STATE OF TEXAS X
COUNTY OF KERB X
CONTRACT FOR DETENTION OF .7tIVENILE OFFENDERS
This Agreement is made on this _~~~_~ day of
MAY ~ ~_, A.D.,1991 ~ by acid between the COUNTY OF
KERR, a political subdivision of the State of Texas, ("F:ERR"} and
the COUNTY OF _~BANDERA___________, a ~»] i t_ica] subdivision of
the State of Texas, ("CONTRACTOR");
WHEREAS, KERR COUNTY operates the IiN:RR COUNTY JUVENILE
DETENTION CENTER ("DENTENTION CENTER"), for the housing of
juveniles; and
WHEREAS, the KERR COUNTY JUVENILE I)E'Tk;IJ'['ION CENTEK has been
duly inspected and certified as being srr.irahle for the detention
of juveniles;
NOW, THEREFORE, the parties a.r~ree a, follows:
ARTICLE I
PURPOSE: The purpose of the Contract i~; to ~rrrrvide detention
facilities for delinquent children arm. ~bi.lr7ren in need of
supervision in the UF'TENTI(]N CENTER for jrrverri 1.NS from the County
of CONTRACTOR; in accordance with the Family Corle of the State of
Texas and other applicable law.
ARTICLE II
TERM: The term of this Contract is f~~r a one (1) year period,
commencing an the 17th day of ____Ma~r_______ _ ____, 19 91 __
and terminating on tie _ 16th day cif ____May_____~___ __~
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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 docwnentation in
accordance with the requirements of this contract.
CONTRACTOR shall remove, on or before the termination date,
all juveniles placed by CONTRACTOR ~n the 17F'TFNTION CENTER.
ARi'ICLE III
FACILITIES: KEKR agrees to px•ovide t}lose juveniles housed in
DETENTION CENTER, room, board, ancj ?4 ltonr r~,~i_ly supervision, in
accordance with the Family Code of the state of Texas and other
applicable law.
Such detention space and service s}~~--1] be provided by KERB
at the request of CONTRACTOR. Stt~,h ,pace, however, will be
provided by KERR to CONTTRACTOR on a space available basis. In
the event that KERR reaches its capar,ity and space is needed to
detain Kerr County Juveniles, KERR will. contact CUNTRACTOR to
arrange for the immediate transfer of CON'i'RACTUR'S juveniles to
the custody of CONTRACTOR. CON'.CRACTOK agrees that its staff will
accept the return of it juveniles and wi.l.l ~tromptly supply staff
members to handle the transfer.
MEDICAL: CONTRACTOR agrees to provide and pay for any necessary
routine or emergency examinations, merii.cal treatments, and
hospitalization for juveniles from CONTRACTOR"S county placed in
KERR's custody in accordance with this contract. KERB is
authorized to secure, at KER.R's discretion, such examination,
treatment and hospitalization for• j>>veni_les from CONTRACTOR'S
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county at the expense of CONTRACTORanri to request that
CONTRACTOR be billed for the same. F~FRR shall notify CONTRACTOR
of~ any medical emergency within one (1) regular working day of
its occurrence.
ARTICLE IV
FEES: For services rendered under ttzis Agr.~eement, 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 I~>ERR for juveniles of
CONTRACTOR through the date of the bill. Billing document shall
be forwarded to:
RAY F. MAUER - BANDERA COUNTY JUDGE
P. 0. BOX 87?
BANDERA, TX 78003
PAYMENT: Payments shall be made monthly within fifteen (15) days
after receipt by CONTRACTOR of KERR's montl7.ly bill. Payments
shall be made to:
Kerr County Juvenile Probation Dez~artment
323 Ear]. Garrett
Kerrville, Texas 7x028
ARTICLE V
PRE-HEARING DETENTION: Pre-hearing detention shall be available
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at the Detention Center when it is not poss~hle for CONTRACTOR to
secure a Dentention Order (e.g. weekends, holidays or after
normal working hours}, however, two cez•t_ified 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 workin~~ 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 KERB; said order to include the fo]].owin~:
(A} the name or names of the person or persons
authorized by the Court to order pre-hearing detention
and sign per-hearing "Authorizatl.on for Detention"
forms, in accordance wit] Chapter Fi3 of the Texas
Family Code.
(B} the name or names of the person or persons
authorized by the Gourt to remove juveniles from the
Detention Center without an oz•c]~r ,3v.thorizing said
removal.
(C) the dates or tl]lle period for which the Court
ordered authorization is valid.
(2) Upon delivery of a Juvenile to the RETENTION CENTER for
pre-hearing detention; the party deliver.i.ng 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" Yorm 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" fox•m attached, signed by a person authorized
by the Master Order.
AFTER HEARING DETENTION: After hearing detentions shall require
the following:
(1) Two certified copies or the Detention Order signed by
the Juvenile coux•t; 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 at~c~ time the Order of Detention
shall become void.
(C) Any other req~~irements at tl~e Texas Family Code.
(2) One original of the "Mental anc~ Physical Profile of
Child to be Detained" form attached, comz~.l.eted and signed by a
person authorized by the Master order, ~it not previously
furnished.
(3) One signed copy of thc~ "c)i=i=irers Report to Juvenile
Court," form attached, signed key a person authorized by the
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Master Order if not previously furnished.
ORDER EXTENDING TIME: Juveniles planed in DETENTION CENTER
shall be removed therefrom by CONTRACTOR, its agents, servants or
employees at the conclusion of the tell (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 DETENTTION CENTER within said ten day
period.
CHARGES FOR TRANSPUKTATION: 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 authorizin~,~ calztinuing detention has not
been received; KERB will immediafiely deliver the juvenile to
Juvenile Court or a person a~a.thorized to remove juveniles under
the Master Order of CONTRACTOR. CONTRACTOR shall be charged a
minimum of $25.00 plus an additional amotttir of $0.15 cents per
mile for each mile traveled over 10o mile;.
RELEASE: Juveniles in the DETENTION CENTER shall not be released
prior to the termination of the Dete~~t i on c}icier except
(i} Juveniles may be released rc~ 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'r; 7».venile Court; such order
shall specify to whom the Juvenile is to tie released.
EKAMINATIONS: If a juvenile is placed in the DETENTION CENTER,
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is found, in the sole judgment of ]`;ERR, to be -nentally 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 inunediately give
notice to a person or persons authorized iri the Master order to
remove the juvenile and said juvenile shall be removed by an
authorized person within twelve (12j hours. In the event said
juvenile is not removed, KERR is hereby authorized to immediately
deliver the juvenile to the .7u.venile 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 KERR, .its ar~ents, servants and/or
employees shall not be liable or responsible for, and shall be
saved and held harmless by CON'I'RAC'lUR rrom and against any and
all claims, causes of action acid damages of every kind, form or
nature, and injury to or death to any I~ersnii or I~ersons, arising
out of or attributed, directly or indirectly, to the operation
or performance of KERR under this a~rrePment. '
ARTICLE VII
OPERATION: Nothing in this ConCr~~;t: shall. be construed to
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permit CONTRACTOR, its agent, servants or employees in any way to
manage, control, direct or instruct KERft, its servants or
employees in any manner respecting any or 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 super.•sedes any and all other
oral or in writing, hP.tWeP_I7 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: This Agreement shall int~.re solely to the benefit
of the parties hereto and not to any thil•d party recipients or
supplier of sevices.
AR'T'ICLE 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 reasorxable attorney's fees
in addition to any other relief to which lie may be entitled.
ARTICLE XII
GOVERNING LAW: The validity of this Agreement and of any of its
terans or provisions, as well as the ri ~Pubs and d~.xties of the
parties hereunder, shall be rdoverneci by the laws of the State of
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Texas, and all venue shall be in Kerr Cntinty, 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, illegal, or unenforceable provision has never been
contained herein.
EXECUTED IN DUPLICATE COPIES, EACH Off' WHICH SHALL HAVE THE
FULL FORCE AND EFFECT OF AN ORIGINAL.
COUNTY OF KERR: CONTRACTOR:
COUNTY JUDGE COUNTY :JUDGE
ATTEST: ATTEST:
COUNTY CLERK COUNTY CliERI.
APPROVED:
COUNTY ATTOKNEY
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