STATE OF TEXAS
COUNTY OF KERR
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This Contract and Agreement is 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 its duly authorized representative, as indicated by their signature below, to be
effective from and after the 31st day of July, 1995, unless sooner or later terminated
pursuant to its provisions.
WITNESSETH:
Whereas, the Board, acting through its Contract Manager, RECOR, operates the
Kerrville Juvenile Detention Facility. Whereas KERB County, in order to carry out and
conduct its juvenile program in accordance with the Texas Juvenile Court Act (Texas
Family Code} has need of the use of detention facilities to house and maintain children of
juvenile age, referred for an act of delinquency or an act indicating a need for supervision,
during pre-trial and pre-dispositional status or in the post-dispositional treatment
prescribed by the Court; and
Whereas, the board desires to make the facility available to KERB County for such
use and purposes and KERRCounty desires to contract for the use of said facility:
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Now, therefore, the parties agree as follows:
(1) The term of this contract shall be for a period of twelve 1~months from the
effective date; however, the parties hereto understand and appreciate that this contract
involves a new program in the Juvenile System in Kerr County, Texas, and after 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 this 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. 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 of effort. 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.
After receipt of notice of termination, KERB County shall remove all children placed
in the facility on or before the termination date.
(2) RECOR will provide room and board, twenty-four hours per day, seven days a
week supervision; routine medical examination and treatment within the facility (but shall
not provide or pay for emergency examination, treatment, or hospitalization outside the
facility); and approved education program, recreation facilities; and counseling to each
child placed within the facilities.
{3) KERR County agrees to pay Board the sum of 563.00 per day for each space
utilized. This sum shall be paid to the Board pursuant to billing and paying procedures
agreed upon by the contracting County and the Board. The per cost being based on the
projected actual cost of care for children in the facility.
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(4) If emergency examination, treatment, and/or hospitalization outside the facility is
required for a child, placed in the facility, the Administrator of the facility is authorized to
secure such examination, treatment or hospitalization at the expense of the County agrees
to indemnify and hold harmless the Board, RECOR, their representatives, agents and
employees from any and all liability for charges for reasonable and necessary medical
treatment, examination, and/or hospitalization. The Administrator shall notify the
appropriate County of such an emergency within twenty-four (24) hours of its occurrence.
(5) Prior to transporting a child to the facility for placement, the official authorizing
placement shall call the facility to insure that space is available. Placement of children
from any County maybe denied if space limitations require.
(6) Children from any County who are alleged to have engaged in delinquent
conduct of conduct indicating a need for supervision (GINS) will be admitted to the
facility under the authority of any Juvenile Court having jurisdiction of its designated
official. Children not released within forty-eight (48) hours (excluding weekends and
holidays) must have a detention hearing in the appropriate Juvenile Court in accordance
with the Texas Family Code, Title III (Section 54.01). if the child is ordered detained, a
certified copy of the Detention Order must be delivered to the detention facility prior to
the child's re-admission.
(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.
(8) If a child is accepted by the facility from any County and such child thereafter is
determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or
unmanageable or whose mental or physical conduct would or might endanger the other
occupants of the facility, then the Administrator shall notify the
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Juvenile Board and placing county of such conditions. Such child shall be immediately
removed from the facility. It will be the responsibility of the placing county to provide for
the transportation for the removal of the child.
(9) The Board and RECOR agree that the facility will accept any child qualified
hereunder, without regard to such child's religion, race, creed, sex or national origin.
(10) It is understood and agreed by the parties hereto that children placed in the
facility under the proper orders of the appropriate Juvenile Court shall be maintained
therein except that the staff of either facility may take the children under supervision from
the facility to participate in community activities.
(11) It is further understood and agreed by the parties hereto that children placed in
the facility maybe granted furloughs with parents, guardian, custodian, or other
responsible adults only after prior approval of the appropriate Juvenile Court.
(12) It is further understood and agreed by the parties hereto that children placed in
pre-adjudication care in the facility shall be removed therefrom by the appropriate
authorities from the placing County, or its agents, servants or employees at the conclusion
of the ten (10) day period authorized by the Court Order issued by the Judge of the
appropriate Juvenile Court unless a new Order has been issued authorizing the continued
detention, and a copy is such Orders has been delivered to the detention facility, or unless
a waiver often (10) days hearing has been executed and a signed copy of the waiver
delivered to the facility. A copy of the Order issued pursuant to waiver shall be furnished
to the facility.
(13) It is further understood and agreed by the parties hereto that should a child in
pre-adjudication care not be so removed as noted above (12) by 12:00 o'clock noon of the
tenth (10) day of detention and a new Order authorizing continued detention has not been
received at the detention facility, an employee of RECOR shall deliver the child to
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the Juvenile Court of the placing County for which there will be an additional charge of
.28 (twenty-eight) cents per mile.
(14) It is further understood and agreed by the parties hereto that children placed in
pre-adjudication care in the facility shall not be removed prior to the conclusion of the
Court Order except to the Probation Officer or as provided in paragraph eight (8) above,
without delivery of an Order for Release signed by the Judge of the Juvenile Court of the
placing County.
(15) It is further understood and agreed by the parties hereto that nothing in this
contract shall be construed to permit the placing County, its agents, servants, or
employees in any way to manage, control, direct or instruct RECOR, its servants or
employees in any way to manage, control, direct or instruct RECOR, its servants or
employees in any manner respecting and 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 the placing County shall control the conditions and terms of detention
supervision as to a particular child pursuant to Texas Family Code, Section 51.12.
(16) It is further understood & 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.
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, RECOR agrees as follows:
(a) RECOR will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. RECOR will take affirmative
action to insure that applicants are employed and that employees are treated
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during employment without regard to their race, color or religion. Such action shall
include, but not be limited to the following: employment, upgrading, demotion or
transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of
compensation and selection for training, including apprenticeship. RECOR agrees to post
in conspicuous places, available to employees and applicants for employment, notices to
be provided setting forth the provision of this non-discrimination clause.
(b) RECOR will in all solicitations or advertisement for employees placed by or on
behalf of RECOR, state that all qualified applicants for positions in the detention facility,
will receive consideration for employment without regard to race, color, religion, sex, or
national origin.
This Contract and Agreement this date executed is made by and between the parties
hereof; 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 for such care by
the placing County for such children placed in the facility by the Judge of KERB County
having juvenile jurisdiction.
This contract is in lieu of all previous contracts or agreements by and between the
Board, RECOR and KERB County for these purposes. Said previous contract to
terminate, become null and void, and be of no further force or effect of the date this
contract becomes effective.
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IN WITNESS WHEREOF, we hereunto affix our signature this ,day of
1995.
A M. BRO
FACILITY ADMINISTRATOR
RECOR, INC.
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RO ERT A. EN N
CO TY JUDGE AND PRESIDING
OFFICER OF SAID COURT
C ERSON KERR COUNTY
JUVENILE BOARD
HOWARD R. HOLLIMON, CHIEF
JUVENILE PROBATION OFFICER
KERR COUNTY, TEXAS
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