THE STATE OF TEXAS
COUNTY OF KERB
This contract and agreement made and entered into by and between the Kerr County
Juvenile Board (Board) acting by and through its duly authorized Contract Manager,
Rehabilitation and Corrections Corporation (RECOR) and the County of KERB acting by
and through their duly authorized representative, as evidence by their signatures below, to
be effective from the 31st day of July, 1995 through the 30th day of July,1996.
WTTNESSETH:
Whereas, RECOR as the Contract Manager for the Board operates the Kerrville
Detention Facility and whereas this facility has been duly inspected and certified as being
suitable for the detention of children; and,
Whereas, KERB 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, refereed for an act of delinquency or an act of
indicating a need for supervision, in the post dispositional treatment prescribed by the
Court; and,
Whereas the Board, through RECOR, desires to make the facility available to KERR
County for such use and purpose, and KERB County desires to contract for the use of
said facility; Now, therefore, the parties agree as follows:
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(1) The term of this Contract shall terminate on the 31th day of July, 1996. After a
mutual good faith effort has been made toward the success and performance of the
contract, if either party hereto feels in its judgment 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 of Termination is received by the other party. Notice to the Board
shall be mailed to the following address: At 12:00 o'clock 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 KERB County shall remove all
children placed in the facility on or before the termination date. Such termination shall not
affect or diminish KERB County's responsibility for payment of any amounts due and
owing to RECOR at the time of termination of the contract.
(2) The Board and RECOR agree to provide a space if space is available at the time
that KERB County requests the space.
(3) RECOR 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) KERB County agrees to pay the Board the daily rate of $ 73.00 per day for
each and every day each child is in detention. The daily rate shall be paid to the Board
upon billing and in accordance with payment procedures agreed upon by the Board and
KERB County.
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(5) If emergency examination, treatment or hospitalization outside the facility is
required for a child placed in the facility by KERB County, then KERB County
guarantees that such costs will be paid in full. The Administrator of the facility shall notify
within twenty-four (24) hours, the department that placed the child of the emergency
and\or treatment.
(6) Each child placed in the facility by KERB 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 Adnnistrator and staff of the facility.
(8) If a child is accepted to the facility and such child thereafter is found to be, in the
judgment 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 the Administrator shall notify the
Juvenile Board and placing county of such conditions. Such child shall be immediately
removed from facility. It will be the responsibility of the placing county to provide for the
transportation for the removal of the child.
(9) RECOR 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 KERB County, duly certified by the Clerk of said Court, or
(b) By authorization of the Juvenile Probation Department who originally
detained the child, or
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(c) As provided in paragraph (8) above.
(11) It is further understood and agreed by the parties hereto that nothing in the
Contract shall be construed to permit KERB County, their agents, servants, or employees
in any way to manage, control, direct or instruct the Board, 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 the Board, RECOR and
KERR County for these purposes. Said previous contract to terminate, become null and
void, and be of no further force or effect as 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 of an act indicating a need for supervision and payment of such care by
the Judge of KERB County for such children placed in the facility by the Judge of
KERB County having juvenile jurisdiction.
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IN WITNESS WHEREOF, we hereunto affix our signature this _day of
1995.
T A M. BRO
FACII.ITY ADMINISTRATOR
RECOR, INC.
0~''~
CHAIRPERSON KERR COUNTY
JUVENII.E BOARD
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ROB RT A. D ,COUNTY
JUD AND PRESIDING OFFICER
OF SAID COURT
HOWARD R. HOLLIMON, CHIEF
JUVENILE PROBATION OFFICER
KERR COUNTY, TEXAS
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