CONTRACT FOR DETENTION OF JUtTENILE OFFENDERS
This agreement is made on this the day of ,
1995, by and between COMMUNITY CORRECTIONS, INC., hereinafter
referred to as ("CCI") and KERR COUNTY, a political subdivision of
the State of Texas, hereinafter referred to as ("CONTRACTOR").
WHEREAS, CCI operates and manages numerous Juvenile Detention
Centers in Texas ("DETENTION CENTER") and has contracted with other
various probation departments for housing of juveniles; and
WHEREAS, the DETENTION CENTERS have been duly inspected and
certified as being suitable for the detention of juveniles by their
respective County Juvenile Board;
WHEREAS, the respective County Juvenile Board has approved the
programs, policy, and procedures under which CCI manages the
facilities;
NOW, THEREFORE, the parties agree as follows:
ARTICLE I
1.01 PURPOSE: The purpose of the Contract is to provide
detention facilities for delinquent children and children in need
of supervision in a 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
2.01 TERM: The term of this Contract is for a period
commencing on the 1st day of October, 1995, and terminating on the
30th day of September, 1996.
2.02 TERMINATION: This Contract may be terminated without
cause by either party upon thirty (30) calendar 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 a DETENTION CENTER.
ARTICLE III
3.01 FACILITIES: CCI agrees to provide those juveniles housed
in DETENTION CENTER, room, board, and 24 hour daily supervision in
accordance with the Family Code of Texas and other applicable lacy.
Such detention space and service shall be provided by CCI at the
request of CONTRACTOR. Such space, however, will be provided by
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CCI to CONTRACTOR on a space available basis. CONTRACTOR
specifically agrees that any juvenile placed with CCI may be housed
at any DETENTION CENTER operated by CCI that has been certified by
their respective County Juvenile Board, and further agrees that any
juvenile may be transferred to another DETENTION CENTER operated by
CCI. CCI and CONTRACTOR'S agree that except in emergency
situations, CCI will give CONTRACTOR forty-eight (48) hours notice
before transferring a juvenile. In an emergency situation CCI will
notify CONTRACTOR within twelve (12) hours of the juvenile's
transfer to another DETENTION CENTER.
3.02 Medical: CONTRACTOR agrees to be responsible for payment
for medical care to the juveniles from the CONTRACTOR and to pay
for emergency examinations, treatments, and hospitalization in the
event the parent of the child and/or the child's medical insurance
does not cover the cost. CCI shall notify CONTRACTOR of any
medical emergency or condition requiring medical care within one
(1) regular working day of its occurrence.
ARTICLE IV
4.01 FEES: For services rendered under this Agreement,
CONTRACTOR shall pay the sum of SEVENTY-EIGHT AND .40/100 ($78.40)
DOLLARS per day per child for each day the CONTRACTOR has juveniles
in any of the DETENTION CENTERS operated by CCI. Charges will
include the day of admittance, regardless of hour of admittance;
plus the number of days until released, including day of release,
regardless of hour.
4.02 BILLING: CCI agrees to furnish CONTRACTOR an itemized
bill, which shall include the daily charges specified above and all
reimbursable expenses incurred by CCI for juveniles of CONTRACTOR
through the date of the bill.
Billing document shall be forwarded to:
Kerr County Juvenile Probation Office
507 Quinlan
Kerrville, Texas 78028
4.03 PAYMENT: Payment shall be made monthly within thirty
(30) days after receipt by CONTRACTOR of CCI's monthly invoicing.
A late charge of 1.15% per month (18% per annum) shall accrue on
any amount not paid when due from the date due until paid in full.
Payment shall be made to:
Community Corrections, Inc.
P.O. Box 841
Hondo, Texas 78861
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ARTICLE V
5.01 PRE-HEARING DETENTION: Pre-Hearing detention shall be
available at a DETENTION CENTER when it is not possible for
CONTRACTOR to secure a Detention Order (e.g., weekends, holidays or
after working hours), however, one certified copy of the signed
after-hearing Detention Hearing Order must be received by CCI
within the guidelines set forth in section 54.01 et seq. of the
Texas Family Code.
(1) Upon delivery of a Juvenile to a DETENTION CENTER for pre-
hearing detention; the party delivering the said juvenile shall
furnish:
(A) One original of the "Authorization for Detention"
form attached, signed by a certified Juvenile
Probation Officer.
5.02 AFTER HEARING DETENTION: After hearing detention shall
require the following:
(1} One certified copy of the Detention Order signed by the
Juvenile Court; said Order to contain and include:
(A) The specific date and time the Order of Detention
shall become void; and
(B) any other requirements of the Texas Family Code.
5.03 ORDER EXTENDING TIME: Juveniles placed in any DETENTION
CENTER operated by CCI shall be removed therefrom by CONTRACTOR,
its agents, servants or employees at the conclusion of the ten (10)
day period authorized by the Detention Order, unless an order
authorizing continued detention, has been delivered to the
Detention Center within said ten (10) day period.
5.04 CHARGES FOR TRANSPORTATION: Should a juvenile not be
removed by CONTRACTOR, its agents, servants, or employees within
the ten (10) day detention period specified in the Juvenile Court's
Detention Order and a new Order authorizing continuing detention
has not been received; CCI will immediately deliver the juvenile to
the Juvenile Court or a person authorized by the CONTRACTOR to
receive Juveniles. CONTRACTOR shall be charged a minimum of
TWENTY-FIVE AND NO/100 {$25.00) DOLLARS plus an additional amount
of $.30 per mile for each mile traveled.
5.05 RELEASE: Juveniles in any DETENTION CENTER operated by
CCI shall not be released prior to the termination of the Detention
Order except:
(1) Juveniles may be released to a person or persons
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authorized by the CONTRACTOR, upon that person's
signing out of the said juvenile.
(2) Juveniles may be released under a specific Order of
Release issued by the CONTRACTOR'S Juvenile Court;
such Order shall specify to whom the Juvenile is to
be released.
5.06 EXAMINATIONS: If a juvenile is placed in any DETENTION
CENTER operated by CCI, and if found, in the sole judgment of CCI,
to be mentally or physically unfit, dangerous and/or unmanageable
or such juveniles mental or physical condition would or might
endanger that juvenile or other occupants of the DETENTION CENTER,
then CCI will immediately give notice to a person or persons
authorized by CONTRACTOR to remove the juvenile, and said juvenile
shall be removed by an authorized person promptly, but in no event
longer than twelve (12) hours. In the event said juvenile is not
removed, CCI is hereby authorized to immediately deliver the
juvenile to the CONTRACTOR or person authorized by CONTRACTOR to
receive juveniles. CONTRACTOR shall be charged for same in
accordance with Section 5.04 above.
5.07 ACCEPTANCE: CCI agrees that any DETENTION CENTER
operated by CCI will accept any juvenile qualified hereunder,
without regard to such juvenile's religion, race, creed, color, or
national origin.
5.08 INSPECTION BY CONTRACTOR: The Judge of the Juvenile
Court and members of the Juvenile Board or representatives of their
party must personally inspect a DETENTION CENTER to certify that it
is suitable for the detention of children in accordance with the
Texas Family Code, 51.12.
ARTICLE VI
6.01 OPERATION: Nothing in this contract shall be construed
to permit CONTRACTOR, its agents, servants or employees in any way
to manage, control, direct or instruct CCI, its servants or
employees in any manner respecting any of their work, duties or
functions pertaining to the maintenance and operation of any
DETENTION CENTER operated by CCI.
ARTICLE VII
INDENII~TIFICATION: In considera o
CI and/or resentatives or agents agreeing t ide acces
o information or re ertaining to enile placed in an
ETENTION CENTER by CONTRACTO TOR agrees to indemnify an
old harmless CCI for an ges and/or including, but no
invited to atto fees incurred in the event t a breach o
onfid ity occurs as a result of CCI providing the inform
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ARTICLE VIII
8.01 ENTIRE AGREEMENT: This agreement supersedes any and all
other Agreements, either oral or in writing, between the parties
hereto with respect to the subject matter of this Agreement which
is not contained herein shall be valid or binding.
ARTICLE IX
9.01 APPLICABILITY: This Agreement shall inure solely to the
benefit of the parties hereto and not to any third party recipients
or supplier of services.
ARTICLE X
10.01 ASSIGNABILITY: This Agreement is not assignable. .
ARTICLE XI
11.01 ATTORNEY'S FEES: If any action at law or in equity is
brought to enforce or interpret the provisions of this Agreement,
the prevailing party shall be entitled to reasonable attorney's
fees in addition to any other relief to which he may be entitled.
ARTICLE XII
12.01 GOVERNING LAW: The validity of this Agreement and of any
of its terms or provisions, as well as the rights and duties of the
parties hereunder, shall be governed by the law of the State of
Texas, and all venue shall be in MEDINA County, Texas.
ARTICLE XIII
13.01 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
14.01 LEGAL CONSTRUCTION: In case any one or more or 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.
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EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL
FORCE AND EFFECT OF AN ORIGINAL.
CONII~lUNITY CORRECTIONS, INC .
BY • ~-
JEFFERY B. PARSONS, CEO
ATTEST•
BY:
AT'PF3P
PATRICIA DYE, COUNTY
KERB COLTNPY
C:\Contract\Kerr.Det95
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