STATE OF TEXAS X
COUNTY OF KERB X
CONTRACT FUR DETENTION OF JUVENILE OFFENDEKS
This Agreement is made on this _ 17th___ day of
May ___, A.D.,1991 by acid between the COUNTY OF
KERB, a political subdivision of the State cif 'T'exas, ("KERB") and
the COUNTY OF ___ KIMBLE ___________, a holitical subdivision of
the State of Texas, ("CONTRACTOR"};
WHEREAS, KERB COUNTY operates the FERN COUNTY JUVENILE
DETENTION CENTER ("DENTENTIUN CENTER"}, fnr the housing of
juveniles; and
WHEREAS, the KERB CUUNTY JUVENILE I)E'I'EN'.l'ION CENTEK has been
duly inspected and certified as being snitah]e for the detention
of juveniles;
NOW, THEREFORE, the parties agree a~, fol_lows:
ARTICLE I
PURPOSE: The purpose of the Contract is to provide detention
facilities for delinquent children and chi.ld.ren in need of
supervision in the DETENTIUN CENTER i-or jnvet)iles 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 fur. a one {1) year period,
commencing on the _~th day of ________MA~______________~ 19 ~.L-
and terminating on the 16th day cif ,____ MaY_ ___~
19 92
1
TERMINATION: This Contract may be terminated without cause by
either party upon thirty (3U) calendar. goys written notice to the
other party. This contract may also hF terminated immediately
for cause if CONTRACTUR to ils 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 iri the 1)F,TENTION CENTER.
AR'CICLE III.
FACILITIES: KERB agree to provide those juveniles housed in
DETENTION CENTER, room, board, and ?4 hoar daily supervision, in
accordance with the Family Code of the State of Texas and other
applicable law.
Such detention space and service shcjLl be provided by KERB
at the request of CONTRACTUR. Such space, however, will be
provided by KERB 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 r_ontact CONTRACTOR to
arrange for the immediate transfer of CONT'RACTOR'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 transfex•.
MEDICAL: CONTRACTOR agrees to provide and pay fox' any necessary
routine or emergency ex:~minations, 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. KSRR'~ discret:iori, such examination,
treatment and hospitalization for j~t.ven.i.l?s f=rom CONTRACTOR'S
2
county at the expense of CONTRACTOR and to request that
CONTRACTOR be billed for the same. KFRR shall notify CONTRACTOR
of any medical emergency within one (i) reg~~lar working day of
its occurrence.
ARTICLE IV
FEES: For services rendered under t~iis Agr.•eentent, CONTRACTOR
shall pay the sum of $50.00 per day per child for each day the
CONTRACTOR has juveniles in the DETENT':IUN 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: KERft agrees to furnish to CONTRACTOR an itemized bill,
which shall include the daily charges specified above and all
reimbursable expenses incurred by T~ERR for juveniles of
CONTRACTOR through the date of the bill. Billing document shall
be forwarded to:
CYNTHIA A. HILL
P. o. Box 548
BRADY, TEXAS 76825
FAYMENT: Payments shall. be made monthly within fifteen (15) days
after receipt by CONTRACTOR of KERR's montl~ay bill. Payments
shall be made to:
Kerr County Juvenile Probation Department
373 Ear). Garrett
Kerrvil)e, Texas 7B028
ARTICLE V
PRE-HEARING DETENTION: Pr.e-hearing c7c~tontion shall be available
3
at the Detention Center when it i; not possih.l.e for CONTRACTOR to
secure a Dentention Order (e.g. week.erids, holidays or after
normal working hours), however, two ~ex•tified 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 s}lall 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 fo_l.lowing:
{1) The CONTRACTOR'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 foll.owin~:
(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 I3EZ'ENTION 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" ror.m attached, completed and
signed by a person authorized key the Master Order.
{C) One signed copy of the "officer's Report to
Juvenile Court" form att~~ched, signed by a person
authorized by the Ma.~ter Order.
{D) The original of the "Notice to Parent, Guardian or
Custodian" form attached, ~;igned by a person authorized
by the Master order.
AFTER HEARING DETENTION: After hearing detentions shall require
the following:
(1) Two certified copies of the I)erention 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 UFTENTION CENTER.
(B) The specific date and time the Urder 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 order, ~if nit previously
furnished.
{3) One signed copy of the "of=ficers Report to Juvenile
Court," form attached, signed by a person authorized by the
5
Master Order if not previously furni~;lied.
ORDER EXTENDING TIME: Juveniles ~~laced in llETENTION CENTER
shall be removed therefrom by CONTRACI'~~K, its agents, servants or
employees at the conclusion of the ten (10} 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 DETEN'1'IUN CENTER within said ten day
period.
CHARGES FOR TRANSPUKTATIUN: Should a j17VPI1i.l.P. nat be removed by
CONTRACTOR, its agent, servants or employees wifihin the ten (10)
day detention period specified in the .)uvenile Caurt'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. CON'I'RAC'I'OR shall be charged a
minimwn of $25.00 plus an additional. amount of $o.i5 cents per
mile for each mile traveled over 100 mile.
RELEASE: Juveniles in the DETENTION CENTER shall not be released
prior to the terminafiion of the Detention Order except:
(1) Juveniles may be released rc~ a persoli 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 tv.venile Court; such order
shall specify to whom the J~zvenile is to he released.
EXAMINATIONS: If a juvenile is placed iIC the DETENTION CENTER,
6
is found, in the sole judgment of KERB, to be mentally or
physically unfit, dangeruus and/or• v~~maria~~eable, or such
juvenile's mental or physical condition would or might endanger
other occupants of the facility, there 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. Ire the event said
juvenile is not removed, KERR is herekay authorized to immediately
deliver the juvenile to the Juvenile Court or person authorized
to remove juveniles under the Mast:er• Urder of CONTRACTOR.
CONTRACTOR shall be charged for same in accordance with section
above.
ACCEPTANCE: KERR agrees that the DE'TEN'lIUN CEN'T'ER will accept
any juvenile qualified hereunder, wiCliout regard to such
juvenile's religion, race, creed, coloz•, sex ~r national origin.
ARTICLE VI
INDEMNITY: CONTRACTOR, in consideration of the mutual
covenants hereby agrees that KERR, .its agents, servants and/or
employees shall not be liable or responsible for, and shall be
saved and held harmless by CUN'TRACTUft from and against any and
all claims, causes of action grid damages or 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 KERR under this agreeiuent. '
ARTICLE VI.C
OPERATION: Nothing in this Col~rract. slia].1 he construed to
7
permit CONTRACTOR, its agent, servants or employees in any way to
manage, control, direct or instruct KEKR, 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 and all other
oral or in writing, t)erWPejl 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 inure solely to t)ie benefit
of the parties hereto and not to any third party recipients or
supplier of sevices.
ARTICLE X
ASSIGNABILITY: This Agreement is not asCignable.
ARTICLE XI
ATTORNEY'S FEES: If any action at law or in eclu.ity 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 Ise may be entitled.
ARTICLE XII
GOVERNING LAW: The validity of this Agreement ar~cl of any of its
terms or provisions, as well as the r.•irahts and d.~~ties of the
parties hereunder, shall be governed by t:he laws of the State of
S
Texas, and all venue shall be in Kerr C~urtry, 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 re:~son 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.
EXECUTEd3 IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE
FULL FORCE AND EFFECT OF AN ORIGINAL.
COUNTY OF KERR: CONTRACTOR:
COUNTY JUDGE COUNTY JUUUI=,
ATTEST:
ATTEST:
COUNTY CLERK COUNTY CLERK
APPROVED:
COUNTY ATTORNEY
9