STATE OF TEXAS X
COUNTY OF KERR X
CONTRACT FOR DETENTION OF JUVENILE OFFENDERS
This Agreement is made on this 1~th day of
May _, A.D., 1990 by and between the COUNTY OF
KERR, a political subdivision of the State of Texas, ("KERR") and
the COUNTY of KIMBLE a political subdivision of
the State of Texas, {"CONTRACTOR");
WHEREAS, KERR COUNTY operates the KERR COUNTY JUVENILE
DETENTION CENTER ("DENTENTION CENTER"), for the housing of
juveniles; and
WHEREAS, the KERR 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 I
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 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 (1) year period,
commencing on the 17th day of Mav ___, 19~___
and terminating on the i6th day of ______~v__ __ ,
19 QI
1
TERMINATION: This Contract may be terminated without cause by
either party upon thirty (3U) r,alendar 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.
AR'PZCLE 111
FACILITIES: KERR ayrees to provide those juveniles housed in
DETENTION CEN'CER, room, board, and 'l.4 hour daily supervision, in
accordance with the Family Code of the State of Texas and other
applicable law.
Such detention space and service sha21 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 capar.ity and space is needed to
detain Kerr County Juveniles, KERR will contact CONTRACTOR to
arrange for the immediate transfer of CON1'RAC'POR'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 and pay for any necessary
routine or emergency examinations, medical treatments, and
tospitalization for juveniles from CONTRACTOR'S county placed in
KERR's custody in accordance with this contract. KERB is
authorized to secure, at KERR's discretion, such examination,
treatment and hospitalization for juveniles from CONTRACTOR'S
Z
county at the expense of CONTRACTOR and to request that
CONTRACTOR be billed for the same. KERR shall notiYy CONTRACTOR
of any medical emergency within one (1) regular working day of
its occurrence.
ARTICLE TV
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 CENTER. Charges will
include the day of admittance, regardless of hour of admittance;
plus the number of days between tl~e 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 a.ll
reimbursable expenses incurred by KERR for juveniles of
CONTRACTOR through the date of the bill. Billing document shall
be forwarded to:
is A. Hill
P.O.Box 548
Bradv.Texas 76825
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
3
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 KERft 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 KERB; 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 tYte 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 t:he 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:
4
(A) One original of the "AUtirorization 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 k>y 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.
AETEft 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 inr.lude:
(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 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 "oYficers Report to Juvenile
Court," form attached, signed by a person authorized by the
5
Master Order if not previously furnished.
ORUER EXTENDING TIME: Juveniles placed in UETEN'I'ION 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 T'RANSYORTA'I'ION: Should a juvenile not be removed by
CONTRACTOR, its agent, servants or employees within the ten (SO)
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 $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 Detention Order except:
(1) 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 CONTRACTOR`S Juvenile Court; such order
shall specify to whom the Juvenile is to be released.
EXAMINATIONS: If a juvenile is paced in the DETENTION CENTER,
K
is found, in the sole judgment of Y,ERR, to be mentally or
physically unfit, dangerous and/or unmanageable, ox' such
juvenile's mental or physical condition would or might endanger
outer occupants of the far_ility, 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 (IZ) hours. Irt the event said
juvenile is riot removed, KERR is herekty authorized to immediately
deliver the juvenile to the Juvenile Court or pex•son 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 CENTF,R will accept
any juuvenile 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 agents, 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 atld damages of every kind, form or
nature, and injury to or death to any person or persons, arising
out of or attributed, directly oz' indirectly, to the operations
or performance of KERR under this agreement.
ARTICLE VIl
OPERATION: Nothing in this Contract shall he construed to
7
permit CONTRACTOR, its agent, servants or employees in any way to
manage, control, direct or instruct Y.ERR, 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 VIZ1
ENTIRE AGREEMENT: This Agreement supex•sedes 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 hereirt shall be valid
or binding.
ARTICLE IX
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 X
ASSIGNABILITX: 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 of this Agreement, the
prevailing party shall be entitled to reasonable attorney's Yees
in addition to any other relief to which he may be entitled.
ARTICLE XII
GOVERNING LAW: The validity of this Agreement a.nd of any of its
terms or provisions, as well as the rights and duties of the
parties hereunder, shall be governed by the ]aws of the State of
B
Texas, and all venue shall be in Kerr County, 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 OF WHICH SHALL HAVE THE
FULL FORCE AND EFFECT OF AN ORIGINAL.
COUNTY OF KERR
ATTEST:
~,~
PATRIC7A AY~._y_______--
COUNTY CLERF:
5~.1f~[G(Q.107'lJ
' ,. By, T~aate~CnHuston, Deputy
CONTRACTOR:
COUNTY JUUGE
ATTEST:
COUNTY CLERY, ~-~ -
APPRUVEU:
Y ATT RNEY -_'-~'Y_
COUN
9