ORDb:R NO. 2?.038 APPROVA.I~ OF? CONTRAc";T AND ArR~,FMP,NT F•'OR SI!,CUR~: LONG--TERM DRT~;NTION OP' JIJVR,NII,~s UH'F'F;ND1aRS SFACF!, AVAIL~ABI,F On t.hi:~ the 2.4th clay of May 1994, upon motion made Y_~y Commissioner EiolFkamp, seronc3ed by Commissioner Oehlr~r, the Court unanimously approved by a vote of 4-0-0, to a~~~~rave the contract and agreemf~nt for sPCUre long-term D~;tention of ~7uvenile Offr'nrl.ers Spare Available with Reror-Swr'etwater~ Regional Juvenile DP'ttFntion raci.lity, No1.an County effective May ?.4, 1994 through May 23, 199.5 anti authorization of the County ~7ucige' s signature on sa:i.d document. THE STATE OF TEXAS COUNTY OF NOLAN )( )~ )~ CnNTRACT ANT) A('TRF.F.MF.NT FORS TRF. T.ON -T . M I)F.TENTION OF JT TVENIL.E OFFENDERS ~pA . AV i . L.E This contract and Agreement made and entered into by and between Rehabilitation and Corrections Corporation (RECOR), acting by and through its duly authorized representative, RECOR - Sweetwater Regional Juvenile Detention Facility, Nolan County, Texas, J. Stephen Lawhon, Facility Administrator and the County of xERR acting by and through their duly authorized representatives, the Commissioners Court of KERR County, Texas, KERB ,County Judge, to be effective May 24, 1994 through May 2 3 , 199f1 L WITNESSETH: Whereas, Rehabilitation .and Corrections, Inc. operates the RECOR -Sweetwater Regional Juvenile Detention Facility. The facility has been duly inspected and certified as being suitable for the detention of children; and, Whereas, Kerr County in order to carry out and conduct their juvenile programs in accordance with the Texas Family Code have need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act of indicating a need for supervision, in the post dispositional treatment prescribed by the Court; and, 1 of 6 Whereas, RECOR -Sweetwater Regional Juvenile Detention Facility desires to make the facility available to Kerr County for such use and purpose, and Kerr County desires to contract for the use of said facility; Now, therefore, the parties agree as follows: (1) The term of this Contract shall terminate on May 2 3 , 19 9 ~ After a mutual good faith effort has been made toward the success and performance of the contract, if either party hereto feels in its judgement that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice to Terminate is received by the other parry. Notice to RECOR -Sweetwater Regional Juvenile Detention Facility shall be mailed to RECOR - Sweetwater Regional Juvenile Detention Facility, 2101 W. Alabama Ave., P.O. Box 628, Sweetwater, Texas, 79556. At 12:00 Midnight, Thirty (30) calendar days thereafter, this contract shall terminate, become null and void, and be of no further force or effect. After receipt of notice of termination, xerr County shall remove all children placed in the facility on or before the termination date. (2) RECOR -Sweetwater agrees to provide a space if space is available at the time that Kerr County requests the space. 2 of 6 (3) RECOR -Sweetwater will provide room, board, twenty-four (24) hours per day, seven (7) days per week supervision, routine medical examination and treatment within the facility (but shall not provide nor pay for emergency examination, treatment, or hospitalization outside the facility); an approved educational program; recreation facilities; and counseling to each child placed within the facility. (4) Kerr County agrees to pay RECOR -Sweetwater the daily rate of $84.00 per day for each and every day each child is in detention. The daily rate of $84.00 shall be paid to RECOR -Sweetwater upon billing and in accordance with payment procedures agreed upon by Kerr County and the Facility Administrator of RECOR -Sweetwater Regional Juvenile Detention Facility. (5) If emergency examination, treatment or hospitalization outside the facility is required for a child placed in the facility by Kerr County, then Kerr County guarantees that such costs will be paid in full. The Administrator of the facility shall notify within 24 hours, the department that placed the child of the emergency and/or treatment. (6) Each child placed in the facility by Kerr County shall be placed therein under proper order of the Juvenile Court, and the Administrator will be fiunished a certified copy of said order. (7) Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. 3 of 6 (8) If a child is accepted by the facility from Kerr County and such child thereafter is found to be, in the sole judgement of the Administrator, mentally unfit, dangerous, or unmanageable to either of such conditions or chazacteristics, or whose mental or physical condition would or might endanger the other occupants of the facility, then in the Administrator's sole judgement upon such determination and notification by the Administrator to the applicable Juvenile Judge or Probation Officer, a Juvenile Probation Officer or Deputy Sheriff shall immediately and forthwith remove or cause to be removed such child from the detention facility. (9) RECOR -Sweetwater Regional Juvenile Detention Facility agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. (10) It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be dischazged therefrom without: (a) Receipt of the facility of an Order signed by the Judges having juvenile jurisdiction of Kerr County, duly certified by the Clerk of said Court, or (b) By the authorization of the Juvenile Probation Department who originally detained the child, or (c) As provided in paragraph (8) above. 4 of 6 (11) It is further understood and agreed by the parties hereto that nothing in the Contract shall be construed to permit xP County, their agents, servants, or employees in any way to manage, control, direct or instruct RECOR -Sweetwater, its servants or employees in any manner respecting any of their work, duties or functions pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of each individual County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. (12) It is further understood and agreed by the parties hereto that the County placing the child in the facility is responsible for any damages caused by the child that is placed at the facility. This Contract is in lieu of all previous contracts between RECOR -Sweetwater and Kerr County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect as of the date this contract becomes effective. This Contract and Agreement this date executed is made by and between the parties hereto; it being the declared intention of the parties hereto that the above and foregoing Contract, is a Contract providing for the caze of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment of such care by the Judge of Kerr County for such children placed in the facility by the Judge of Kerr County having juvenile jurisdiction. 5 of 6 IN WITNESS WHEREOF, we hereunto affix our signature this 24th ,day of fit, >~ 1994. COMMISSIONERS COURT OF /~~.Tk 2 COUNTY, TEXAS i J. STEPHEN LAWHON, Facility Administrator, RECOR -Sweetwater Regional Juvenile Detention Facility ,County Judge and presiding Officer of Said Court ,Chief Juvenile Probation Officer k~Q~ County, Texas 6 of 6 THE STATE OF TEXAS COUNTY OF NOLAN )( )( )( ~nNTR n~T aNn ar.RRFMFNT FOR ~F.C; RE L.ON -T . M nFTENTION OF Ti NENILE OFFENDERS SPACE AVAIL.ARLE This contract and Agreement made and entered into by and between Rehabilitation and Corrections Corporation (RECOR), acting by and through its duly authorized representative, RECOR - Sweetwater Regional Juvexule Detention Facility, Nolan County, Texas, J. Stephen Lawhon, Facility Administrator and the County of xERR acting by and through their duly authorized representatives, the Commissioners Court of xERR County, Texas, KERR ,County Judge, to be effective through May 2 3 , 19 9~+ WITNESSETH: May 24, 1994 Whereas, Rehabilitation and Corrections, Inc. operates the RECOR - Sweetwater Regional Juvenile Detention Facility. The facility has been duly inspected and certified as being suitable for the detention of children; and, Whereas, Kerr County in order to carry out and conduct their juvenile programs in accordance with the Texas Family Code have need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act of indicating a need for supervision, in the post dispositional treatment prescribed by the Court; and, 1 of 6 Whereas, RECOR -Sweetwater Regional Juvenile Detention Facility desires to make the facility available to Kerr County for such use and purpose, and Kerr County desires to contract for the use of said facility; Now, therefore, the parties agree as follows: (1) The term of this Contract shall terminate on May 2 3 , 1995 After a mutual good faith effort has been made toward the success and performance of the contract, if either party hereto feels in its judgement that the contract cannot be successfully continued, and desires to terminate the contract, then the parry so desiring to terminate may do so by notifying the other parry in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice to Terminate is received by the other party. Notice to RECOR -Sweetwater Regional Juvenile Detention Facility shall be mailed to RECOR - Sweetwater Regional Juvenile Detention Facility, 2101 W. Alabama Ave., P.O. Box 628, Sweetwater, Texas, 79556. At 12:00 Midnight, Thirty (30) calendar days thereafter, this contract shall terminate, become null and void, and be of no further force or effect. After receipt of notice of termination, Kerr County shall remove all children placed in the facility on or before the termination date. (2) RECOR -Sweetwater agrees to provide a space if space is available at the time that Kcrr County requests the space. 2 of 6 (3} RECOR -Sweetwater will provide room, board, twenty-four (24) hours per day, seven (7) days per week supervision, routine medical examination and treatment within the facility (but shall not provide nor pay for emergency examination, treatment, or hospitalization outside the facility); an approved educational program; recreation facilities; and counseling to each child placed within the facility. (4) Kerr County agrees to pay RECOR -Sweetwater the daily rate of $84.00 per day for each and every day each child is in detention. The daily rate of $84.00 shall be paid to RECOR -Sweetwater upon billing and in accordance with payment procedures agreed upon by Kerr County and the Facility Administrator of RECOR -Sweetwater Regional Juvenile Detention Facility. (5) If emergency examination, treatment or hospitalization outside the facility is required for a child placed in the facility by Kerr County, then Kerr County guarantees that such costs will be paid in full. The Administrator of the facility shall notify within 24 hours, the department that placed the child of the emergency ancUor treatment. (6) Each child placed in the facility by Kerr County shall be placed therein under proper order of the Juvenile Court, and the Administrator will be furnished a certified copy of said order. (7) Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. 3 of 6 (8) If a child is accepted by the facility from Kerr County and such child thereafter is found to be, in the sole judgement of the Administrator, mentally unfit, dangerous, or unmanageable to either of such conditions or characteristics, or whose mental or physical condition would or might endanger the other occupants of the facility, then in the Administrator's sole judgement upon such determination and notification by the Administrator to the applicable Juvenile Judge or Probation Officer, a Juvenile Probation Officer or Deputy Sheriff shall immediately and forthwith remove or cause to be removed such child from the detention facility. (9) RECOR -Sweetwater Regional Juvenile Detention Facility agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. (10) It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged therefrom without: (a) Receipt of the facility of an Order signed by the Judges having juvenile jurisdiction of Kerr County, duly certified by the Clerk of said Court, or (b) By the authorization of the Juvenile Probation Department who originally detained the child, or (c) As provided in paragraph (8) above. 4of6 (11) It is further understood and agreed by the parties hereto that nothing in the Contract shall be construed to permit Kerr County, their agents, servants, or employees in any way to manage, control, direct or instruct RECOR -Sweetwater, its servants or employees in any manner respecting any of their work, duties or functions pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of each individual County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. (12) It is further understood and agreed by the parties hereto that the County placing the child in the facility is responsible for any damages caused by the child that is placed at the facility. This Contract is in lieu of all previous contracts between RECOR -Sweetwater and Kerr County for these purposes. Said previous contract to terminate, become null and void, and be of no further force or effect as of the date this contract becomes effective. ---------------------------------------------------------- This Contract and Agreement this date executed is made by and between the parties hereto; it being the declared intention of the parties hereto that the above and foregoing Contract, is a Contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment of such care by the Judge of Kerr County for such children placed in the facility by the Judge of Kerr County having juvenile jurisdiction. 5 of 6 IN WITNESS WHEREOF, we hereunto affix our signature this 24th ,day of Mai, ,~$~ 1994. J. STEPHEN LAWHON, Facility Administrator, RECOR -Sweetwater Regional Juvenile Detention Facility COMMISSIONERS COURT OF /~~Tk 2 COUNTY, TEXA ,County Judge and presiding Officer of Said Court ,Chief Juvenile Probation Officer ~C~QfL County, Texas 6 of 6