021407
THE STATE OF TEXAS )(
COUNTY OF KERR )(
JUVENILE FACILITY )(
CONTRACT AND AGREEMENT FOR SECURE PRE-ADJUDICATED
RESIDENTIAL SERVICE OF JUVENILE OFFENDERS
SPACE AVAILABLE
This Contract and Agreement is made and entered into by and between KERR COUNTY
and Crockett County Juvenile Probation Department, hereinafter referred to as the
Juvenile Department, acting by and through its duly authorized representative, as
indicated by their signature below, to be effective from date of execution and terminating
l2 months after execution date.
WITNESSETH:
Whereas Juvenile Department, 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 or
dispositional status prescribed by the Court; and
Whereas, I{ERR COUNTY desires to make the facility available to Juvenile
Department for such use and purpose, and Juvenile Department desires to contract for the
use of said facility;
Now, therefore, the parties agree as follows:
(1) The term of this agreement is for twelve months from date of acknowledgment. It
shall be automatically renewed for successive one year terms thereafter unless one
party notifies the other in writing, at least thirty(30) days prior to the expiration of
said term, of its intention to not renew this agreement.
(2) KERB COUNTY JUVENILE FACILITY will provide room, board, twenty-four
hours per day, seven 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.
(3) Juvenile Department agrees to pay the KERR COUNTY the sum of $90.00 per day
for each space utilized. The sum shall be paid to the KERR COUNTY pursuant
billing and paying procedures agreed upon by the contracting county and KERB
COUNTY. The cost being based on the projected actual cost of care for children in
the facility.
(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 an examination, treatment, or hospitalization at the expense
of the County. The County agrees to indemnify and hold harmless KERR COUNTY
and their representatives, agents, and employees from any and all liability 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 the
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
indicating a need from supervision (GINS) will be admitted to the facility under the
authority of atty Juvenile Court having jurisdiction of its designated official.
Children who are 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
placing County of such conditions. Such child shall immediately be 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) KERB COUNTY 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 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 may be 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-adjudicated 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 period authorized by the Court Order issued by the Judge of the
appropriate Juvenile Court unless an new Order had been issued authorizing the
continued detention, and a copy of such Order has been delivered to the detention
facility. Or unless a waiver of hearing has been executed and a signed copy 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 children placed in the
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.
(14) 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 KERR COUNTY
JUVENILE FACILITY, 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.
(1S) 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.
(16) Contractor understands that acceptance of funds under this contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency, to
conduct an audit or investigation in connection with those funds. Contractor further
agrees to cooperate fully with the State Auditor's Office or its successor in the
conduct of the auditor investigation, including providing all records requested.
Contractor will ensure that this clause concerning the authority to audit funds
received indirectly by subcontractors through Contractor and the requirement to
cooperate is included in any subcontract it awards.
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, KERB COUNTY JUVENILE FACILITY agrees
as follows:
(a) KERR COUNTY JUVENILE FACILITY will not discriminate against any employee
or applicant for employment because of race, color, religion, sex or national origin.
KERB COiJNTY JUVENILY FACILITY will take affirmative action to insure that
applicants are employed and the employees are treated equally 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. KERB COUNTY JUVENILE
FACILITY 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) KERB COUNTY JUVENILE FACILITY will in all solicitations or advertisement for
employees placed by or on behalf of KERB COUNTY JUVENILE FACILITY, 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 the 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 the facility by the Judge of the
County having juvenile jurisdiction.
This contract is in lieu of all previous contracts or agreements by and between KERB
COUNTY and Juvenile Department 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 became effective.
IN WITNESS WFIEREOF, we hereu~n]to affix our signature this day of
' 2~~" f
~ ~ ~ ~ ~
-JUDGE PAT TINLEY PRES'ID^ING JUDGE OF
KERR COUNTY JUDGE G~X.3o~~ COUNTY
KEVIN S ANTON
FACILITY ADMINISTRATOR
~G "Z°~
C F JUVENILE
PROBATION OFFICER
KERB COUNTY JUVENILE FACILITY
COUNTY, TEXAS
Honorable Pat Tinley
Kerr County Judge
Judge, enclosed is a Juvenile Detention contract signed and ready for your signature.
If you have any questions please call 325-392-2965.
We look forward to working with you this year.
Please return a copy to
Fred Deaton, Crockett County Judge
Sincerely,
.J-~~ ~:
KERR COUNTY
JUVENILE
FACILITY
To: Chief Juvenile Probation Officer
From: Kevin Stanton
Facility Administrator
Kerr County Juvenile Detention Facilit}'
Re: Contract Renewal
3501 Legion Dr.
Kerrville, TX 78029
830-257-6110
It is time to renew contracts for the 2006-2007 fiscal year. I am sending you a copy of
the short-term detention contract for our facility. The only change in this contract is that
you will find an increase in the daily per diem rate. Please sign and return the original and
I will have our County Judge sign and return you a copy.
If you have any questions please do not hesitate to contact me at 830-257-6110. We here
at the Kerr County Juvenile Detention Facility look forward to working with everyone in
this up coming year. Thank you.
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Changing Tomorrow ...Begins Today