ORDER NO.3 0440 KERB COUNTY JUVENILE DETENTION CENTER I'L;R DIEM IZATF; AND CONTRACTS FOR I'IZE ADJUDICATION DETENTION SERVICES Caine to be heard this the 13th day of August, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Lets. The Court unanimously approved by vote of 4-0-0 to: approve the per diem rate of $90.00 per day per child for the Kerr County Juvenile lletention Center and approve Judge Tinley signing oft on Contt°acts for counties contracting with Kerr County for secure pre adjudication detention services for 2007/08. ~yyv / ~s' COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Kevin Stanton MEETING DATE: 08-13-07 OFFICE: KCJF TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on approving the per diem rate of $90.00 per day per childfor the Kerr County Juvenile Detention Center and approve Judge Tinley to sign off on contracts for counties contacting with Kerr County for secure pre adjudication detention services for 07-08. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Kevin Stanton ESTIMATED LENGTH OF PRESENTATION: 2 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THE STATE OF TEXAS )( COUNTY OF KERB )( 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 KERB COUNTY and 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 12 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, KERB 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 ~`rr 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 KERB COUNTY the sum of $90.00 per day for each space utilized. The sum shall be paid to the KERB 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 any 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) KERR 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 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-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, KERR 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. KERR COUNTY 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. KERR 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) KERR COUNTY JUVENILE FACILITY will in all solicitations or advertisement for employees placed by or on behalf of KERR COUNTY JUVENILE FACILITY, state ~..- that all qualified applicants for positions in the detention facility will receive 4 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 WHEREOF, we hereunto affix our signature this day of 2007. JUDGE PAT TINLEY PRESIDING JUDGE OF KERR COUNTY JUDGE KEVIN STANTON COUNTY CHIEF JUVENILE FACILITY ADMINISTRATOR PROBATION OFFICER KERR COUNTY JUVENILE FACILITY COUNTY, TEXAS 5